Bonner v. McPhail
New York Supreme Court
APPEAL from a judgment of the city court of Brooklyn. The plaintiff complained that while he was giving testimony in an action then pending in the city court of Brooklyn, and on trial in the city of New York, before L. K. Miller as referee, the defendant said, “ to hear a man lie,” and “ you are a liar)” meaning thereby to charge the plaintiff with perjury.
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APPEAL from a judgment of the city court of Brooklyn. The plaintiff complained that while he was giving testimony in an action then pending in the city court of Brooklyn, and on trial in the city of New York, before L. K. Miller as referee, the defendant said, “ to hear a man lie,” and “ you are a liar)” meaning thereby to charge the plaintiff with perjury. The defendant, by his answer, denied that the words were uttered respecting the plaintiff’s testimony then being given, or that he intended to impute perjury to the plaintiff; but alleged that the words spoken had reference to other…
1Opinion of the CourtLott, P. J.
The words charged to have been spoken by the defendant were not actionable in themselves. It was therefore incumbent on the plaintiff to show that they were spoken in reference to a judicial proceeding, before a court or officer of competent jurisdiction. This he has failed to do. Assuming that the charge related to the testimony given by the plaintiff in an action tried before Mr. Miller acting as referee, and that such testimony was material and pertinent, yet an additional fact was necessary to be established. It appears that the action in which the proceeding was had was pending in the…
2Cases cited1 opinion
- Crookshank v. GrayNew York Supreme Court · 1823
3Cited by9 opinions
- Heald v. YumiskoNorth Dakota Supreme Court · 1898
- Terpening v. HoltonSupreme Court of Colorado · 1886
- Gerity v. . Seeger Guernsey Co.New York Court of Appeals · 1900
- Stone v. MerrillWisconsin Supreme Court · 1877
- Bucklin v. ChapinNew York Supreme Court · 1868
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