Legal Opinion

Spooner v. . Keeler

New York Court of Appeals

Decided March 5, 1873PublishedCited by 14 opinions

Appeal from order of the General Term of the Supreme Court in the seventh judicial district, refusing a new trial, and directing judgment upon a verdict in favor of the plaintiff’s intestate, James Gorton (by whom the action was commenced). After the appeal was taken, the original plaintiff died, and the action was continued in the name of his -administrator. The action was slander.

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Appeal from order of the General Term of the Supreme Court in the seventh judicial district, refusing a new trial, and directing judgment upon a verdict in favor of the plaintiff’s intestate, James Gorton (by whom the action was commenced). After the appeal was taken, the original plaintiff died, and the action was continued in the name of his -administrator. The action was slander. (In the statement and opinion, the intestate is referred to and intended when the term “ plaintiff” is used.) The complaint, after stating the pendency of an action between the plaintiff and defendant before…

1Opinion of the Court

[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.]

[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] There was no error in the refusal of the court to nonsuit the plaintiff. Proof was given without objection that, in a conversation between the plaintiff and defendant, in the presence and hearing of other persons, relating to the evidencegenerally that had been given by the plaintiff in a suit between the parties in which he had…

2Cases cited1 opinion

  1. Bush v. . ProsserNew York Court of Appeals · 1854

3Cited by14 opinions

  1. Hatfield v. . LasherNew York Court of Appeals · 1880
  2. Willover v. . HillNew York Court of Appeals · 1878
  3. Fenstermaker v. Tribune Publishing Co.Utah Supreme Court · 1895
  4. Brothers v. BrothersSupreme Court of Alabama · 1922
  5. Lauder v. JonesNorth Dakota Supreme Court · 1904

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