Crookshank v. Gray
New York Supreme Court
IN ERROR, to the Court of Common Pleas of Wash" . „ tngion county, Gray, and Margaret his wife, brought an action of slander against Crookshank, in the Court below, The declaration contained four counts.
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IN ERROR, to the Court of Common Pleas of Wash" . „ tngion county, Gray, and Margaret his wife, brought an action of slander against Crookshank, in the Court below, The declaration contained four counts. In the first count, «/ v the plaintiffs alleged, that the defendant, on the 6th of June$ 1820, at, &c., falsely, wickedly, and maliciously, &c., spoke anc* published of and concerning Margaret, the wife of Gray, and of and concerning a certain suit which had been lately tried before J. W., a Justice of the Peace, in which sa G. was plaintiff, and the said. C. defendant, and on the trial of…
1Opinion of the CourtWoodworth, J.
The verdict and judgment having been entered on the third count only, the first question is, whether it contains a good cause of action. It will be admitted, that the words of themselves are not actionable ; swearing to a lie does not necessarily imply that the party has, in judgment of law, perjured himself. (Hopkins v. Beedle, 1 Caines, 347.) In order to sustain an action on the words charged, it is necessary there should be a colloquium, referring to the extrinsic circumstances, in relation to which the words were spoken. (1 Chitty’s Pl. 382. 6 Term Rep. 691. 8 East, 430.) In the present…
2Cases cited1 opinion
- Hopkins v. BeedleNew York Supreme Court · 1803
3Cited by12 opinions
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- Gove v. BlethenSupreme Court of Minnesota · 1874
- Darling v. BanksIllinois Supreme Court · 1852
- Fowle v. RobbinsMassachusetts Supreme Judicial Court · 1815
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