Ayres v. Covill
New York Supreme Court
This, was au action for slander. The complaint stated that a complaint and criminal proceeding was heard before E. and A., two justices in Saratoga county, against one Sophia Greenfield, on the complaint of Adah Greenfield and Betsey Simpson, charging the said Sophia with having committed perjury before one Torry, a justice of the same county ; and that the examination of Sophia by said Tony was reduced to writing by the latter, and filed and deposited with, and remained…
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This, was au action for slander. The complaint stated that a complaint and criminal proceeding was heard before E. and A., two justices in Saratoga county, against one Sophia Greenfield, on the complaint of Adah Greenfield and Betsey Simpson, charging the said Sophia with having committed perjury before one Torry, a justice of the same county ; and that the examination of Sophia by said Tony was reduced to writing by the latter, and filed and deposited with, and remained with him at the time of the hearing of the complaint against said Sophia, before Es and A. on said charge of perjury, and…
1Opinion of the Court
By the Court, Hand, P. J.
The learned judge who decided this case at special term, gave it very full consideration. He held that matter in mitigation could be pleaded in an action for slander, only when the defendant alleged the truth of the matter charged, as defamatory. (Code, § 165.) I have no doubt this was correct. This part of the answer was unnecessary; as without it, evidence of the general character of the plaintiff was admissible, to reduce the damages. The suit is for an injury to the character of a plaintiff, and if that is bad, he has sustained less damage. (Root v. King, 7 Cowen,…
2Cases cited3 opinions
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3Cited by9 opinions
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- Kronberg v. ElderSupreme Court of Kansas · 1877
- Hager v. TibbitsNew York Supreme Court · 1865
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