Lee v. Woolsey
New York Supreme Court
THIS was an action of tresspass, and assault and battery, *■ 7 J 3 tried at the Jefferson circuit, on the 22d of June, 1821, before nrr-rif Mr. Justice Platt. The plaintiff was an attorney at law, at Sacketts Harbour, and the defendant a post captain in the navy of the United States, stationed at that place.
Read the full summary
THIS was an action of tresspass, and assault and battery, *■ 7 J 3 tried at the Jefferson circuit, on the 22d of June, 1821, before nrr-rif Mr. Justice Platt. The plaintiff was an attorney at law, at Sacketts Harbour, and the defendant a post captain in the navy of the United States, stationed at that place. The plaintiff proved that, in July, 1820, the defendant met the plaintiff in the street, and said to him, “ did you write that scandalous and infamous letter for Conder, against me, to the Secretary of the Navy ?” The plaintiff replied, “ I did, but I did it as an attorney, and was paid…
1Opinion of the Court
Spencer, Ch. J.
delivered "the opinion of the Court. The evidence offered and overruled, could neither be ad- | milted in mitigation of damages, nor as explanatory of the \ transaction. The only view in which the evidence could be admissible, would be for the purpose of showing, that , the defendant, under the influence of excited and irritated / passions, was impelled, by a sense of the injury done to him by the plaintiff, thus to redress himself. The law, in tender*321ness to" human frailties, distinguishes between an act done deliberately, and an act proceeding from sudden heat.
If, upon a…
2Cases cited1 opinion
- Avery v. RayMassachusetts Supreme Judicial Court · 1804
3Cited by22 opinions
- State v. HaysSupreme Court of Missouri · 1856
- Keiser v. SmithSupreme Court of Alabama · 1882
- Morely v. DunbarWisconsin Supreme Court · 1869
- Ireland v. ElliottSupreme Court of Iowa · 1858
- Houston & Texas Central Railway Co. v. BatchlerCourt of Appeals of Texas · 1903
17 more not listed; retrieve them via the Exa API.