Wormouth v. Cramer
New York Supreme Court
This was an action of slander, tried at the Herkimer circuit in September, 1828, before the Hon. Nathan Williams, one of the circuit judges. The declaration alleged the words to have been spoken by the wife of Cramer, charging the wife of Wormouth with having stolen a fine lawn cap. The words were set forth in the declaration in the English language. They were proved to have been spoken in the German language.
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This was an action of slander, tried at the Herkimer circuit in September, 1828, before the Hon. Nathan Williams, one of the circuit judges. The declaration alleged the words to have been spoken by the wife of Cramer, charging the wife of Wormouth with having stolen a fine lawn cap. The words were set forth in the declaration in the English language. They were proved to have been spoken in the German language. The persons who heard the speaking understood the German language. The counsel for the defendant moved that the plaintiffs be nonsuited, insisting that the words should have been set…
1Opinion of the Court
By the Court,
Savage, Ch. J.
The rule is, that words proved must be proved as laid ; that is, substantially so; and it is not enough to prove words of similar import. How can this rule be complied with when words are laid in one language and proved in another 1 This is emphatically proving words of similar import. The judge at the circuit was correct in nonsuiting the plaintiff for a variance. The cases cited by the defendant’s counsel shew that the proper mode of declaring is to state the words in the foreign language, and to aver the signification of them in English, and that they were,…
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- Pike v. Van WormerNew York Supreme Court · 1850
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