Legal Opinion

Maybee v. Fisk

New York Supreme Court

Decided October 4, 1864PublishedCited by 5 opinions

APPEAL by the defendant from an order made at the circuit, denying a motion for a new trial, which motion was made upon the judge’s minutes.

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APPEAL by the defendant from an order made at the circuit, denying a motion for a new trial, which motion was made upon the judge’s minutes. The complaint was in slander, in the usual form, and charged that the plaintiff was a minor, and was the eldest of three sons of Aaron Maybee; that the defendant, before the action was brought, used the following false and slanderous words concerning the plaintiff,. in a conversation with said Aaron Maybee, and in the presence of others: “Tour boys stole my corn,” meaning thereby the plaintiff in this action; and claimed damages therefor. The answer…

1Opinion of the Court

By the Court,

Bacon, J.

I was inclined, upon my first impression of this case, to differ with the learned judge who tried the cause, in his ruling excluding the offered evidence, and in his charge to the jury. But on further reflection, I think he was right. Under the authority of Gidney v. Blake, (11 John. 54,) followed and approved in Ryckman v. Delavan, (25 Wend. 203,) the action was clearly maintainable by the plaintiff. The words were actionable per se, and the plaintiff, as one of the parties included in the language, used by the defendant, could bring his separate action for the slander…

2Cases cited3 opinions

  1. Gidney v. BlakeNew York Supreme Court · 1814
  2. Phillips v. BarberNew York Supreme Court · 1831
  3. People v. Fulton Fire InsuranceNew York Supreme Court · 1840

3Cited by5 opinions

  1. Hayes v. . BallNew York Court of Appeals · 1878
  2. Allis v. . LeonardNew York Court of Appeals · 1874
  3. Finnegan v. Detroit Free Press Co.Michigan Supreme Court · 1889
  4. Crane v. O'ReillyCity of New York Municipal Court · 1887
  5. Kenworthy v. Journal Co.Missouri Court of Appeals · 1906

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