Dole v. Van Rensselaer
New York Supreme Court
This was an action of slander, in which a general ver» diet was found for the plaintiff. The declaration contained several counts, and the plaintiff being sheriff of the county of Rensselaer, the words were alleged in the declaration to be spoken of him in relation to his office of sheriff.
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This was an action of slander, in which a general ver» diet was found for the plaintiff. The declaration contained several counts, and the plaintiff being sheriff of the county of Rensselaer, the words were alleged in the declaration to be spoken of him in relation to his office of sheriff. The words charged in one of the counts, with proper innuendoes to show their application to the plaintiff, were as follows: “if his debts were paid, he would be worse than nothing; that he would fail or break before long ; that moneys which he had collected on execution had been taken and -converted to his…
1Opinion of the Court
Rer Curiam.
The words are expressly charged to have been spoken by the defendant in relation to the plaintiff, in his office of sheriff, and such is their natural import. They amount, to a Charge of m&l-pfactiee, and are, therefore, actionable.(a)
Rule refused.
Words may be slanderous and actionable per se, because they are spoken of one in his office, profession, trade, or servitude. Steph. N. P. 2555, 2558. Davis v. Davis, 1 Nott & M’Cord’s R. 290. Ostrom v. Calkins, 5 Wend. 263. Chaddock v. Briggs, 13 Mass. R. 248. Bolss v. Tobey, 2 Pick. 320, 328. Some illustrations of the application of…
2Cases cited7 opinions
- Chaddock v. BriggsMassachusetts Supreme Judicial Court · 1816
- Nye v. OtisMassachusetts Supreme Judicial Court · 1811
- Van Tassel v. CapronCourt for the Trial of Impeachments and Correction of Errors · 1845
- Ostrom v. CalkinsNew York Supreme Court · 1830
- Hook v. HackneySupreme Court of Pennsylvania · 1827
2 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Mains v. WhitingMichigan Supreme Court · 1891
- Mildenberger v. FlemmingNew York Supreme Court · 1928
- Lynde v. JohnsonNew York Supreme Court · 1886