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7 Johns. 359

Lindsey v. Smith

New York Supreme Court

Decided February 15, 1811

New York Supreme Court · decided 1811-02-15

THIS was an action of slander. The declaration contained several counts. The first count, which was 7 the only one objected to, stated, that the plaintiff is a . L justice of the peace, &c« and that the defendant, to in- , . The defendant pleaded the general issue; and there was a general verdict for the plaintiff for 179 dollars.

Good law ✅— No negative treatment on recordhow we know

Decided 1811-02-15

How this case has been cited

Cited by 4 later decisions — most recently March 1882

4 state decisions

1018111820183018401850186018701880decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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Per Curiam.

¶1The slanderous intent and application . of the words charged, must be considered as established by the verdict. Here was a colloquium laid, which was sufficient to give application to the slander. It is averred that the defendant was discoursing concerning the plaintiff, as a justice, and that the words were spoken of him in relation to his office as a justice, and it was a question of evidence, whether the words so spoken of the plaintiff had an innocent or a slanderous and malí*361cious meaning. The innuendo cannot supply the place of a colic qu~urn, but here there was the competent colicquluni to give point and application to the words, if spoken, as the juiy nnist have found them to have been spoken, with a scandalous and malicious intent~

¶2Ihe motion is, therefore, denied.

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