Phillips v. Barber
New York Supreme Court
This was an action of slander, tried at the Herkimer circuit) in March, 1830, before the Hon. Nathan Williams, one of the circuit judges. The words spoken at a public meeting were, you have stolen my wood. All the witnesses examined on the trial testified that they understood the charge to relate to a transaction not felonious.
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This was an action of slander, tried at the Herkimer circuit) in March, 1830, before the Hon. Nathan Williams, one of the circuit judges. The words spoken at a public meeting were, you have stolen my wood. All the witnesses examined on the trial testified that they understood the charge to relate to a transaction not felonious. It appeared that the plaintiff had purchased of one Rathbone a quantity of wood, cut on the land of the defendant, who had a pile of wood near the wood belonging to Rath, bone ; the plaintiff, supposing that the pile belonging to the defendant was included in the…
1Opinion of the Court
By the Court,
Nelson, J.
We perceive no objection to the charge of the judge, or any essential difference, in principle, between the law as laid down by him and that which was insisted on by the counsel for the defendant. The words were actionable in themselves, and would only be deprived of that character by an explanation by the defendant at the time, shewing to the hearers that he did not intend a charge of larceny . It of course is not necessary that the [explanation should be made by the defendant at the time of speaking the words, if all the hearers are in possession of the facts alluded…
2Cited by9 opinions
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- Hayes v. . BallNew York Court of Appeals · 1878
- Hagan v. HendryCourt of Appeals of Maryland · 1862
- Williams v. MinerSupreme Court of Connecticut · 1847
- Darling v. ClementSupreme Court of Vermont · 1897
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