Young v. Miller
New York Supreme Court
Demurrer to declaration in slander. The first count (after the usual introductory matter) charged that the defendant contriving, &c. and intending to cause it to be suspected and believed by his neighbors and other citizens that he the said plaintiff had been and was guilty of the offences thereinafter mentioned to have been imputed to him, and to subject him, &c. heretofore, to wit, on, &c. at, See. in a certain discourse, &c. spoke and published to, of, and concerning the…
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Demurrer to declaration in slander. The first count (after the usual introductory matter) charged that the defendant contriving, &c. and intending to cause it to be suspected and believed by his neighbors and other citizens that he the said plaintiff had been and was guilty of the offences thereinafter mentioned to have been imputed to him, and to subject him, &c. heretofore, to wit, on, &c. at, See. in a certain discourse, &c. spoke and published to, of, and concerning the said plaintiff, these false, scandalous, malicious and defamatory words following, that is to say : “ Fom (the said…
1Opinion of the CourtBeonson, J.
There has been much discussion in the books upon the question, what words are actionable in themselves, when not spoken of the plaintiff in his office, profession, or calling. But it will be unnecessary to examine the cases at large for the reason that, a rule has been laid down and acted upon in this state, which, although not entirely satisfactory to my mind, I feel bound to follow. In Brooker v. Coffin, (5 John. R. 188,) the court, “ upon the fullest consideration,” laid down the following rule : “In case the charge, if true, will subject the party charged to an indictment for a crime…
2Cases cited3 opinions
- Martin v. StillwellNew York Supreme Court · 1816
- Alexander v. AlexanderNew York Supreme Court · 1832
- Billings v. WingSupreme Court of Vermont · 1835