New York Supreme Court, 1811

Lindsey v. Smith

Lindsey v. Smith
New York Supreme Court · Decided February 15, 1811
7 Johns. 359

Counsel

J. Duer, for the defendant, moved an arrest of judgment :, He cited Van Vechten v. Hopkins, S Johns. Rep. 211. 1 Com. Dig. 268. Sayre, 280. 6 Term Rep. 691. 8 East, 427. 9 East, 95., ,Fisk, contra.

Lindsey v. Smith

Opinion of the Court

Per Curiam.

The 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~

Ihe motion is, therefore, denied.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.