Van Akin v. Caler
New York Supreme Court
THIS is a motion for a new trial, upon a case. The action is for slander, and the complaint alleges in substance that the defendant charged the plaintiff with the crime of larceny. A verdict was rendered in favor of the plaintiff for $130. The action was tried before Justice Hogeboom at the Ulster circuit, in March, 1865. The exceptions were ordered to be heard in the first instance at general term.
1Opinion of the Court
By the Court, Ingalls, J.
The complaint alleges that the' defendant spoke of and concerning the plaintiff the following words: “You are a thief:” “you are a damn thief.” The evidence proves the utterance of the words charged, and they impute the crime of larceny, and are actionable.
The court charged the jury that the plaintiff was entitled to a verdict, and the only question for them to determine was the amount of damages. To this charge the counsel for the defendant excepted. The defendant’s counsel requested the court to charge the jury that if they believed that the language complained of,…
2Cases cited3 opinions
- Winchell v. . HicksNew York Court of Appeals · 1859
- Carpenter v. . StilwellNew York Court of Appeals · 1854
- Dows v. RushNew York Supreme Court · 1858
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- Hamlin v. FantlWisconsin Supreme Court · 1903
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- de Caumont v. BogertNew York Supreme Court · 1885