Bullock v. Koon
New York Supreme Court
This was an action of slander, tried 'at the Rensselaer circuit in June, 1828, before the Hon. William A. Duer, then one of the circuit judges. The words charged to have been spoken by the defendant were spoken whilst the plaintiff was testifying as a witness at an arbitration.
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This was an action of slander, tried 'at the Rensselaer circuit in June, 1828, before the Hon. William A. Duer, then one of the circuit judges. The words charged to have been spoken by the defendant were spoken whilst the plaintiff was testifying as a witness at an arbitration. On the 17th February, 1826, arbitration bonds were entered into by Nathaniel Payne on the one part and Thomas Thompson on the other; William Carmichael and Henry Koon were surities for Payne, and executed the bond with him. The bonds after reciting that Thomas Thompson had contracted with a turnpike road company,…
1Opinion of the Court
By the Court,
Marcy, J.
If the plaintiff was under oath at the time the defendant uttered the words set forth in the declaration, and was then testifying in a pending cause, they are actionable, unless it should appear that the matter about which he was giving testimony was immaterial to the issue to be tried when the oath was administered to him.
Two questions are presented for our consideration: First, Did the second instrument create a new cause, or so much so that it became necessary again to swear the witnesses who had been sworn on the first meeting of the arbitrators % Secondly, If this…
2Cited by4 opinions
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- People v. BrillNew York Court of General Session of the Peace · 1917
- Emery v. MillerCourt for the Trial of Impeachments and Correction of Errors · 1845
- People v. PeckAppellate Division of the Supreme Court of the State of New York · 1911