Tim v. Hawes
Appellate Terms of the Supreme Court of New York
Appeal by defendant from a judgment in favor- of plaintiff for the sum of $1,092.03 damages and costs, and from an order of the City Court of the city of New York denying a motion for a new trial.
1Opinion of the CourtShearn, J.
Spoken of a lawyer, the words “ He does not practice the law, because he has been disbarred ” constitute a slander per se. It is difficult to conceive of a charge that would more seriously prejudice and injure a lawyer in his profession.
The verdict is not contrary to the evidence' or against the weight of the evidence and. the court did not err in the reception or rejection of evidence. Nevertheless, the judgment cannot stand, for the learned trial justice did not charge the jury adequately or correctly on the issue of punitive damages.
*31The defendant testified that his relations with the…
2Cases cited5 opinions
- Crane v. . BennettNew York Court of Appeals · 1904
- Carpenter v. New York Evening Journal Publishing Co.Appellate Division of the Supreme Court of the State of New York · 1906
- Cohalan v. . New York Press Co.New York Court of Appeals · 1914
- Brandt v. Morning Journal Ass'nAppellate Division of the Supreme Court of the State of New York · 1903
- Brandt v. . Morning Journal AssociationNew York Court of Appeals · 1904
3Cited by2 opinions
- Pecue v. CollinsAppellate Division of the Supreme Court of the State of New York · 1923
- Hollien v. Tarrytown Daily News, Inc.Appellate Division of the Supreme Court of the State of New York · 1932