Legal Opinion

Riker v. Clopton

Appellate Division of the Supreme Court of the State of New York

Decided May 15, 1903PublishedCited by 2 opinions

Appeal by the defendant, Josephine B. Olopton, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 16th day of June, 1902, upon the verdict of a jury for $7,000, and also from an order entered in said clerk’s office on the 13th day of June, 1902, denying the defendant’s motion for a new trial made upon the minutes.

1Opinion of the Court

Patterson, J.:

Two causes of action were set forth in the complaint herein — one in slander and the other in libel. On the trial, as to the latter cause of action, the complaint was dismissed. The jury rendered a verdict on the slander count for $7,000, and from the judgment entered thereon and an order denying a motion for a new trial the defendant appeals.

The defamatory words uttered by the defendant are as follows : “ What are you going to Mrs. Biker’s for % Mrs. Biker is a strumpet; nothing but a strumpet, and known to be nothing but a strumpet.” They were spoken in the hearing of the…

2Cases cited2 opinions

  1. Holmes v. . JonesNew York Court of Appeals · 1890
  2. Crane v. BennettAppellate Division of the Supreme Court of the State of New York · 1902

3Cited by2 opinions

  1. Schwartz v. Chatham & Phenix National BankAppellate Division of the Supreme Court of the State of New York · 1918
  2. Spaulding v. BrittonAppellate Division of the Supreme Court of the State of New York · 1914

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