Hamer v. McFarlin
New York Supreme Court
Slander, tried at the Monroe circuit in October, 1844, before Dayton, C. Judge. The declaration alleged that the defendant had charged the plaintiff with being a thief and with having stolen money. Pleas, 1. Not guilty; 2. That the defendant, on a day and at a place named, feloniously stole, took and carried away certain bank notes and money, which were specified, being, the property of the defendant.
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Slander, tried at the Monroe circuit in October, 1844, before Dayton, C. Judge. The declaration alleged that the defendant had charged the plaintiff with being a thief and with having stolen money. Pleas, 1. Not guilty; 2. That the defendant, on a day and at a place named, feloniously stole, took and carried away certain bank notes and money, which were specified, being, the property of the defendant. On the trial the plaintiff proved the words as laid, and the defendant gave evidence in support of his plea of justification. The defendant then offered to prove the general bad character of the…
1Opinion of the Court
By the Court, Jewett, J.
It is not now questioned but that a defendant in an action for slander, under the plea of not guilty* *510may give evidence of the general bad character of the plaintiff before and at the time of uttering the slander, in mitigation of damages. That principie, so much discussed at an early day, and for a time left unsettled, has since been so well established by authority as not now to be open for discussion. (Foot v. Tracy, 1 John. 46; Springstein v. Field, Anthon's N. P. 185; Paddock v. Salisbury, 2 Cowen’s R. 811; Douglass v. Tousey, 2 Wend. 352; Root v. King, 7 Cowen,…
2Cases cited6 opinions
- Douglass v. TouseyNew York Supreme Court · 1829
- King v. RootCourt for the Trial of Impeachments and Correction of Errors · 1829
- Wolcott v. HallMassachusetts Supreme Judicial Court · 1810
- Jackson v. StetsonMassachusetts Supreme Judicial Court · 1818
- Foot v. TracyNew York Supreme Court · 1806
1 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Linus Pauling v. News Syndicate Company, Inc.Court of Appeals for the Second Circuit · 1964
- Butler v. KaulbackSupreme Court of Kansas · 1871
- B— v. I—Wisconsin Supreme Court · 1867
- Ayres v. CovillNew York Supreme Court · 1854
- Fitch v. BatesNew York Supreme Court · 1851
3 more not listed; retrieve them via the Exa API.