Inman v. Foster
New York Supreme Court
In slander it is no defence, nor can it be given in evidence in mitigation of damages, that the defendant at the time of the speaking of the words gave his author, and was, in fact, told by another what he uttered against the plaintiff. Nor can general reports of the truth of the charges be given in evidence in mitigation of damages, unless they be such as to have affected the general character of the plaintiff.
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In slander it is no defence, nor can it be given in evidence in mitigation of damages, that the defendant at the time of the speaking of the words gave his author, and was, in fact, told by another what he uttered against the plaintiff. Nor can general reports of the truth of the charges be given in evidence in mitigation of damages, unless they be such as to have affected the general character of the plaintiff. Words spoken more than two years before suit brought may be givenin evidence to shew malice., Proof in support of the plaintiffs general character is admissible, where his reputation…
1Opinion of the Court
By the Court, Savage, Ch. J.
The case does not state what were the words, nor the the nature of the charge they contain ; neither doesitstate what what was theevidence given in de*606fence. I must take it for granted that the defendant did not , name his author, when he uttered the slanderous words.
The first question is whether he should have been permitted, in mitigation of damages, to prove that Brown told him the story which he reported. It was resolved in Northampton’s case, 12 Co. 134, “that if J. S. publish that he hath heard J. M. say that J. G. was a traitor, or thief, in an action of the…
2Cases cited3 opinions
- Wolcott v. HallMassachusetts Supreme Judicial Court · 1810
- Mapes v. WeeksNew York Supreme Court · 1830
- Kennedy v. GregorySupreme Court of Pennsylvania · 1803
3Cited by37 opinions
- Wilson v. FitchCalifornia Supreme Court · 1871
- Fowles v. . BowenNew York Court of Appeals · 1864
- Times Pub. Co. v. CarlisleCourt of Appeals for the Eighth Circuit · 1899
- Turton v. New York Recorder Co.New York Court of Appeals · 1894
- Earley v. WinnWisconsin Supreme Court · 1906
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