Lally v. Emery
New York Supreme Court
Appeal from circuit court, Jefferson county. Action by Peter J. Lally against Jonas A. Emery for slander. The plaintiff alleged the speaking of certain words of and concerning him by the defendant, which were alleged to have been intended to charge the plaintiff with having committed the crime of rape, or attempting to commit that crime.
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Appeal from circuit court, Jefferson county. Action by Peter J. Lally against Jonas A. Emery for slander. The plaintiff alleged the speaking of certain words of and concerning him by the defendant, which were alleged to have been intended to charge the plaintiff with having committed the crime of rape, or attempting to commit that crime. Both the plaintiff and defendant were soldiers in the United States army, and the person to whom the words were spoken was a member of the same company with the defendant. On the trial the court held that the words alleged and proved were privileged, and…
1Opinion of the CourtMartin, J.
Whether the words alleged and proved to have been uttered by the defendant of and concerning the plaintiff were spoken with the intent to charge the plaintiff with the crime of rape, or of hn attempt to commit a rape, was, we think, for the jury. Weed v. Bibbins, 32 Barb. 315; Upton v. Upton, 4 N. Y. Supp. 936. We think the court erred in holding that the words alleged and proved were absolutely privileged, and in dismissing the complaint on that ground. Under the circumstances developed by the evidence in this case, the questions whether the defendant uttered the words proved in good faith,…
2Cases cited4 opinions
- Byam v. . CollinsNew York Court of Appeals · 1888
- Klinck v. . ColbyNew York Court of Appeals · 1871
- Weed v. BibbinsNew York Supreme Court · 1860
- Upton v. UptonNew York Supreme Court · 1889
3Cited by1 opinion
- Lally v. EmeryNew York Supreme Court · 1894