Case v. Buckley
New York Supreme Court
Motion in arrest. This was an action of slander. The plaintiff, after stating in the introductory part of his declaration that he had never been guilty or suspected of the crime of arson, or of being an accessary to such crime, and averring that a certain barn belonging to him had been burnt, charged the defendant in the first count of the declaration with saying to him, “ you burnt your barn to cheat the insurance company,” innuendo that the plaintiff had been guilty of the…
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Motion in arrest. This was an action of slander. The plaintiff, after stating in the introductory part of his declaration that he had never been guilty or suspected of the crime of arson, or of being an accessary to such crime, and averring that a certain barn belonging to him had been burnt, charged the defendant in the first count of the declaration with saying to him, “ you burnt your barn to cheat the insurance company,” innuendo that the plaintiff had been guilty of the crime of arson. In the second count, the words were thus, “ Case burnt his barn to get the insurance money,” innuendo…
1Opinion of the Court
By the Court,
Nelson, J.
By the revised statutes it is enacted that Every person who shall wilfully burn any building, ship or vessel, or any goods, wares, merchandize, or other chattel, which shall be at at the time insured against *328loss or damage by fire, with intent to prejudice such insurwhethei* the same be the property of such person or of any other, shall, upon conviction, be adjudged guilty of arson in the third degree.” xx 2 R. S. 667, §5. The rule laid (jQWn ^y this court, by which to ascertain when words are actionable of themselves or not, is this: “ In case the charge, if true, will…
2Cases cited2 opinions
- Gilman v. LowellNew York Supreme Court · 1832
- Sayre v. JewettNew York Supreme Court · 1834
3Cited by7 opinions
- Filber v. DautermannWisconsin Supreme Court · 1870
- Brown v. Tribune Ass'nAppellate Division of the Supreme Court of the State of New York · 1902
- Tuttle v. BishopSupreme Court of Connecticut · 1861
- Frank v. DunningWisconsin Supreme Court · 1875
- Keller v. DeanAppellate Division of the Supreme Court of the State of New York · 1900
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