Lanpher v. . Clark
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the fourth judicial department, entered upon an order made April 24, 1894, which affirmed a judgment in favor of plaintiff entered upon a verdict, and also affirmed an order denying a motion for a new trial. This was an action of slander. The facts, so far as material, are stated in the opinion. The evidence tending to support defendant’s answer should have been received in justification and mitigation.
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Appeal from judgment of the General Term of the Supreme Court in the fourth judicial department, entered upon an order made April 24, 1894, which affirmed a judgment in favor of plaintiff entered upon a verdict, and also affirmed an order denying a motion for a new trial. This was an action of slander. The facts, so far as material, are stated in the opinion. The evidence tending to support defendant’s answer should have been received in justification and mitigation. (Knapp v. Roche, 94 N. Y. 329; Bissell v. Cornell, 24 Wend. 354; McKane v. Brooklyn Citizen, 53 Hun, 132 ; Penal Code, § 322;…
1Opinion of the CourtO’Brien, J.
The complaint in this action sets forth six separate and distinct defamatory charges involving crime or acts of moral turpitude, which it is alleged that the defendant," at different times, published of and concerning the plaintiff. At the time of the speaking of the alleged slanderous words stated in the complaint the plaintiff was engaged in keeping a country hotel, and she avers that the defamatory charges were directed by the defendant, not only against her personally, but against her business „and the reputation of her hotel as well.
One or more of the separate charges set forth in the…
2Cases cited2 opinions
- Holmes v. . JonesNew York Court of Appeals · 1890
- Fero v. . RuscoeNew York Court of Appeals · 1850
3Cited by28 opinions
- Fleckenstein v. FriedmanNew York Court of Appeals · 1934
- Crane v. New York World Telegram Corp.New York Court of Appeals · 1955
- Medley v. German Alliance InsuranceWest Virginia Supreme Court · 1904
- Snyder v. Tribune Co.Supreme Court of Iowa · 1913
- Hollingsworth v. Spectator Co.Appellate Division of the Supreme Court of the State of New York · 1900
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