Brooker v. Coffin
New York Supreme Court
THIS was an action for slander. The declaration contained two counts. The first charged, that' on the ist of January, 1808, at Schagticoke, in the county of Rensselaer, &c. for that whereas the plaintiff being a person of good name, &c. the defendant falsely and mali? ciously did speak and utter of and concerning the plaintiff, the following false, scandalous and defamatory words : “ She (meaning the plaintiff) is a common pros? titute, and I can prove it.”
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THIS was an action for slander. The declaration contained two counts. The first charged, that' on the ist of January, 1808, at Schagticoke, in the county of Rensselaer, &c. for that whereas the plaintiff being a person of good name, &c. the defendant falsely and mali? ciously did speak and utter of and concerning the plaintiff, the following false, scandalous and defamatory words : “ She (meaning the plaintiff) is a common pros? titute, and I can prove it.” The second count charged, that the defendant afterwards, to wit, on the day and year aforesaid, at the place aforesaid, in a certain…
1Opinion of the CourtSpencer, J.
The first count is for these words, “ she is a common prostitute, and I can prove itand the question arises,, whether speaking these words gives an action, without alleging special damages. By the statute (l R. L. 124.) common prostitutes are adjudged disorderly persons, and are liable to commitment, by any justice of the peace, upon conviction, to the bridewell or house of correction, to be kept at hard labour for a period not exceeding 60 days, or until the next general sessions of the peace. It has been supposed that, therefore, to charge a woman with being a common prostitute, was…
2Cited by31 opinions
- Johnson v. Johnson Publishing Co.District of Columbia Court of Appeals · 1970
- Crawford v. WilsonNew York Supreme Court · 1848
- Birch v. BentonSupreme Court of Missouri · 1858
- Earley v. WinnWisconsin Supreme Court · 1906
- Williams v. RiddleCourt of Appeals of Kentucky · 1911
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