Somers v. Torrey
New York Court of Chancery
This case came before the chancellor upon exceptions to a master’s report, disallowing two exceptions to the defendant’s answer.
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This case came before the chancellor upon exceptions to a master’s report, disallowing two exceptions to the defendant’s answer. The defendant recovered a judgment against the complainant in an action of slander; and this bill was filed for the purpose of off-setting against that judgment the amount of another judgment against Torrey, the defendant, which, as the bill alleged, was assigned by G.- W. Fitch to the complainant, during the pendency of the slander suit and a few months before the trial therein. The defendant, in his answer, which was put in without oath, denied that the assignment…
1Opinion of the Court
The Chancellor.
The statement in the answer which is covered by these exceptions, if it is not responsive to the bill or material to the defence of the suit, is not only impertinent, but is a gross slander upon one who is not a party to the suit, as well as upon the complainant. And the counsel who puts his hand to such scandalous and impertinent matter, is not only liable to the animadversions of the court, but is also chargeable with the costs of the proceedings, to have it expunged from the records of the court. (Mitf. Pl., Edw. ed., 48, 318.) It certainly could make no difference, as to…
2Cited by6 opinions
- Bush v. AdamsSupreme Court of Florida · 1886
- Carpenter & Wilcox v. West & Van BenthuysenNew York Supreme Court · 1850
- Aldrich v. WilcoxSupreme Court of Rhode Island · 1873
- Hilton v. CarrAppellate Division of the Supreme Court of the State of New York · 1899
- Burden v. BurdenU.S. Circuit Court for the District of Northern New York · 1903
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