Jarvis v. Hatheway
New York Supreme Court
THIS, was an action of slander. The cause was tried before Mr. Justice Thompson, at the Oneida circuit, on the 8th of June, 1807. On the trial, the plaintiff proved, that the defendant, in the presence and hearing of C. and D. addressing himself to the plaintiff, said, “ you are guilty of forgery,” and, as stated by a second witness, “ you are guilty of' absolute forgerywhich were the words charged in the declaration.
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THIS, was an action of slander. The cause was tried before Mr. Justice Thompson, at the Oneida circuit, on the 8th of June, 1807. On the trial, the plaintiff proved, that the defendant, in the presence and hearing of C. and D. addressing himself to the plaintiff, said, “ you are guilty of forgery,” and, as stated by a second witness, “ you are guilty of' absolute forgerywhich were the words charged in the declaration. On the cross-examination of the witnesses, it appeared, that the words were spoken at a meeting of the parties, before the witnesses, C. and D. who were two members of the same…
1Opinion of the CourtSpencer, J.
The plaintiff’s counsel have considered the charge of the judge As incorrect, in leaving it to the jury to decide whether the words spoken, which were actionable in themselves, were spoken maliciously, or with a defamatory intention.
I am perfectly satisfied, that the charge to the jury was aot only correct, but that no- other charge could have *183been legally given. It is manifest, from the case, thát the words were tittered in the course of church discipline, by the defendant to the plaintiif, who were both church members ; and whether such discipline was proper or not, is not a point for us to…
2Cited by16 opinions
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- Bailey v. DeanNew York Supreme Court · 1848
- Bridgman v. ArmerMissouri Court of Appeals · 1894
- People v. GlasgowAppellate Division of the Supreme Court of the State of New York · 1898
- Coombs v. RoseIndiana Supreme Court · 1846
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