Martin v. Stillwell
New York Supreme Court
THIS was an action of slander. The declaration contained six counts. In the first four counts the plaintiff alleged a special damage, in the proof of which she failed on the trial. In the fifth count, the words charged to have been spoken by the defendant were, “ Mrs. Martin (the plaintiff) kept a bawdy house in George’s-street,” meaning a certain street in the city of New-York: and in the sixth count', the words charged were, “she kept a bawdy house in George’s-street.”
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THIS was an action of slander. The declaration contained six counts. In the first four counts the plaintiff alleged a special damage, in the proof of which she failed on the trial. In the fifth count, the words charged to have been spoken by the defendant were, “ Mrs. Martin (the plaintiff) kept a bawdy house in George’s-street,” meaning a certain street in the city of New-York: and in the sixth count', the words charged were, “she kept a bawdy house in George’s-street.” At the trial, before Mr. Justice Platt, at the Essex circuit, in June, 1815, a verdict was . found for the plaintiff on the…
1Per curiam
In Brooker v. Coffin, (5 Johns. Rep. 191.,) on demurrer to the first count in the declaration, &c., the words were, “ she is a common prostitute, and I can prove it;” and this court decided that those words were not actionable. The law, as to what words are actionable, is settled in that case, and the following rule was laid down as the safest, and one which the cases warranted, viz: “ In case the charge, if true, would subject the party charged to an indictment for a crime involving moral turpitude, or subject him to an infamous punishment, then the words would be, in themselves,…
2Cited by9 opinions
- Crawford v. WilsonNew York Supreme Court · 1848
- Douglas v. DouglasIdaho Supreme Court · 1895
- Wright v. PaigeNew York Supreme Court · 1862
- Johnson v. ShieldsSupreme Court of New Jersey · 1855
- Wright v. PaigeNew York Court of Appeals · 1867
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