Legal Opinion

Butler v. Wood

New York Supreme Court

Decided January 15, 1853PublishedCited by 5 opinions

The action is for verbal slander. The complaint contains two counts or statements of causes of action, which are sufficiently stated in the opinion.

1Opinion of the Court

Welles, Justice.

The complaint alleges and sets forth two distinct causes of action; and the demurrer is general to both of them. If either cause of action is good, the demurrer must be overruled.

In the first count, the words charged, without the innuendos, are as follows :

“ I believe he has got Mrs. Brockway down there; I am perfectly satisfied in my own mind that she is down there, and is pretty sick ; and that what Butler is running down there so much for, he knocked her up ; her time has come around, and he is down there getting a child away from her. He is procuring an abortion upon her.”

T…

2Cited by5 opinions

  1. Smid v. BernardNew York Supreme Court · 1900
  2. Beecher v. Press Publishing Co.Appellate Division of the Supreme Court of the State of New York · 1901
  3. Brown v. Tribune Ass'nAppellate Division of the Supreme Court of the State of New York · 1902
  4. Morrison v. SmithAppellate Division of the Supreme Court of the State of New York · 1903
  5. Beecher v. Press Publishing Co.Appellate Division of the Supreme Court of the State of New York · 1901

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