Gilbert v. Field
New York Supreme Court
CASE for words spoken of the plaintiff in his character of attorney, and a member of the legislature. The declaration, after the formal introductory matter of good fame, &c. without alleging any colloquium respecting the profession of the plaintiff stated, with the proper innuendos that the defendant had said “ I have frequently seen “ him as drunk as a coot in the assembly of this state ; in the “ assembly while a member thereof; that he was unfit for a “ member gí the…
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CASE for words spoken of the plaintiff in his character of attorney, and a member of the legislature. The declaration, after the formal introductory matter of good fame, &c. without alleging any colloquium respecting the profession of the plaintiff stated, with the proper innuendos that the defendant had said “ I have frequently seen “ him as drunk as a coot in the assembly of this state ; in the “ assembly while a member thereof; that he was unfit for a “ member gí the assembly, and if his character were known “ to the electors of the county of Columbia, they would not “ erect him to…
1Opinion of the Court
Per Curiam, delivered bv
Livingston T.
In arrest of judgment, several objections are taken to the declaration, two of which, according to decided cases are fatal.
That it should appear either from the words themselves, or from the pleadings, or be clearly intended, that at the time of publishing the words, there was a colloquium concerning the profession of the party of whom the slander is uttered, has been long and repeatedly settled. Nor is this form of declaring, if it comport with the fact, more difficult to pursue, than the one which has been adopted. If from the words here it may be…
2Cited by3 opinions
- Smedley v. SouleMichigan Supreme Court · 1900
- Crandall v. JacobAppellate Division of the Supreme Court of the State of New York · 1897
- Labady v. RichardMichigan Supreme Court · 1823