Heaton v. Wright
New York Supreme Court
This is an action of slander, brought by the plaintiff, an unmarried female, for words spoken against her chastity. The complaint contains three counts, each count charging the same words, but as spoken at different times, and to different persons. The substance of the charges are, that the plaintiff was then pregnant, or had been delivered of a child.
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This is an action of slander, brought by the plaintiff, an unmarried female, for words spoken against her chastity. The complaint contains three counts, each count charging the same words, but as spoken at different times, and to different persons. The substance of the charges are, that the plaintiff was then pregnant, or had been delivered of a child. The defendant in his answer, first, denies the complaint, and, second, sets up, in mitigation of damages, a number of specific acts, sayings, and doings of the plaintiff, of a Iewd*and unchaste character; by reason of which he avers, “ it…
1Opinion of the Court
James, Justice.
As to the first ground ; that such was the well established rule of pleading before the Code, is admitted. But the defendant insists that the Code has changed the rule in that respect, and that now a defendant may set up in his answer both the truth of the matter charged, and mitigating circumstances, or either; and that he is not required to allege the former in order to be entitled to avail himself of the latter.
Section 165 of the Code is as follows:—In actions of libel ' and slander, “ the defendant may, in his answer, allege both the ; truth of the matter charged as…
2Cases cited2 opinions
- Bush v. ProsserNew York Supreme Court · 1852
- Graham v. StoneNew York Supreme Court · 1851
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