Warner v. . Southall
New York Court of Appeals
Appeal from an order of the Appellate Division of the Supreme Court in the fourth judicial department, made June 18, 1898, which reversed an order of Special Term denying a motion for a new trial, made on a case and exceptions, after a judgment in favor of defendant, entered upon a decision of the court at a Trial Term, and granted a new trial. The nature of the action and the facts, so far as material, are stated in the opinion.
Read the full summary
Appeal from an order of the Appellate Division of the Supreme Court in the fourth judicial department, made June 18, 1898, which reversed an order of Special Term denying a motion for a new trial, made on a case and exceptions, after a judgment in favor of defendant, entered upon a decision of the court at a Trial Term, and granted a new trial. The nature of the action and the facts, so far as material, are stated in the opinion. The motion for a nonsuit and dismissal of the complaint was properly granted by the trial court. (Townshend on Sland. & Lib. [2d ed.] 481, § 286; Green v. Telfair,…
1Opinion of the Court
Parker, Ch. J.
Some time prior to November, 1895, the plaintiff and defendant entered into a contract for the exchange of real estate, and before the expiration of the period at which the conveyances were to be made some barns upon the lands of the defendant, which were in part the subject of the contract, were destroyed by fire. Subsequently, the defendant made some comments, indicating that the fire was of incendiary origin, and in conversations made such use of the plaintiff’s name as led the latter to bring this action for slander, and the complaint, after stating what it is claimed the…
2Cases cited1 opinion
- Hayes v. . BallNew York Court of Appeals · 1878
3Cited by3 opinions
- Linehan v. . NelsonNew York Court of Appeals · 1910
- Boyle v. MacDougallNew York Supreme Court · 1926
- Kegerreis v. Van ZileAppellate Division of the Supreme Court of the State of New York · 1917