Bush v. Prosser
New York Supreme Court
This was an appeal by the defendant from a judgment entered against him at special term, upon the verdict of a jury. The action was brought for slander, in charging the plaintiff with keeping a bawdy house, or house of ill-fame. The defendant, by his answer, denied the uttering of the slanderous words alledged in the complaint.
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This was an appeal by the defendant from a judgment entered against him at special term, upon the verdict of a jury. The action was brought for slander, in charging the plaintiff with keeping a bawdy house, or house of ill-fame. The defendant, by his answer, denied the uttering of the slanderous words alledged in the complaint. He also alledged that for a long time, to wit: for the space of five years and upwards, immediately- prior to the times mentioned in said complaint, the conduct of the wife of the plaintiff, and of his daughter Emily, who were both during all that time inmates of the…
1Opinion of the CourtT. R. Strong, J.
Nothing can be more clear, than that independent of the 165th section of the code, evidence of the misconduct of the plaintiff and his family, as set up in the answer, was inadmissible. It was not admissible in justification of the charge made by the defendant, for the reason that the misconduct alledged falls far short of sustaining the charge; and it was not admissible in mitigation of damages, for the reason that it would have tended to prove the truth of the charge. The rule is well settled that a justification must be as broad as the imputation against the plaintiff. (Fero v. Ruscoe, 4…
2Cases cited5 opinions
- King v. RootCourt for the Trial of Impeachments and Correction of Errors · 1829
- Gould v. WeedNew York Supreme Court · 1834
- Thorn v. MoserCourt for the Trial of Impeachments and Correction of Errors · 1845
- Van Ankin v. WestfallNew York Supreme Court · 1817
- Cooper v. BarberNew York Supreme Court · 1840
3Cited by7 opinions
- Wright v. PaigeNew York Supreme Court · 1862
- Wright v. PaigeNew York Court of Appeals · 1867
- Heaton v. WrightNew York Supreme Court · 1854
- Hackett v. BrownTennessee Supreme Court · 1871
- Herr v. BambergNew York Supreme Court · 1854
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