Van Rensselaer v. Dole
New York Supreme Court
This was an action of slander. The declaration' charged the defendant with speaking of the plaintiff and others, the following words: “ John Keating is-as damned a"rascal as ever lived, and all who joined1 his party and the procession on the 4th July, (meaning .the said John Yan Rensselaer and the party and procession, in which the said John' Keating acted as captain on the said 4th day of July) are a set of blackhearted highwaymen, robbers,, and murderers.”
Read the full summary
This was an action of slander. The declaration' charged the defendant with speaking of the plaintiff and others, the following words: “ John Keating is-as damned a"rascal as ever lived, and all who joined1 his party and the procession on the 4th July, (meaning .the said John Yan Rensselaer and the party and procession, in which the said John' Keating acted as captain on the said 4th day of July) are a set of blackhearted highwaymen, robbers,, and murderers.” The words were differently charged, with some additional expressions, in the other counts, but Were in substance the same. Plea the…
1Per curiam
We agree in opinion with the judge at the trial. The words spoken by the defendant were clearly understood to apply to the transactions of the preceding day, and these were known not to amount to the charge which the words would otherwise import.(a) Let the verdict, there*336fore, be set aside; and there being no question upon the evidence, the finding of the jury must be considered as, contrary to law, and it is therefore ordered, that the costs abide the event of the suit(a)
Rule granted..
It is a general though discretionary rulé, where the parties are equally blameless, in reference to the…
2Cases cited1 opinion
- Knapp v. CurtisNew York Supreme Court · 1832
3Cited by10 opinions
- Flanagan v. Nicholson Pub. Co.Supreme Court of Louisiana · 1915
- Robertson v. EdelsteinWisconsin Supreme Court · 1899
- Dolloway v. TurrillNew York Supreme Court · 1841
- Laine v. WellsNew York Supreme Court · 1831
- In re TurnerOhio Supreme Court · 1832
5 more not listed; retrieve them via the Exa API.