Terwilliger v. Wands Ct. Of App. Of N.Y.,

17 N.Y. 54, 72 Am.Dec. 420 (1858)

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Nature of the Case

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Facts

P and D were neighbors. D allegedly spoke with several people regarding P's continuous visits to a married woman's home. D told people that the married woman was bad and the only reason plaintiff visited her was for sexual intercourse. P initiated a slander action against D. P proved by La Fayette Wands that D asked the witness why P was running to Mrs. Fuller's so much for: that he knew he went there for no good purpose, and Mrs. Fuller was a bad woman; that P had a regular beaten path across his land to Fuller's; and D said to him he went there for no other purpose than to have intercourse with Mrs. Fuller; and that once previously, D told the witness that P would do all he could to keep the husband of Mrs. Fuller in the penitentiary so that he could have free access there. D spoke to Neiper about the doings at Fuller's, and asked what business P had in going there so much; he said there was a bad work going on there; that Mrs. Fuller was a bad woman. Neiper communicated to P what D had told him. Other witnesses testified to similar imputations by D at other times, but there was no proof that what D said to them. George Terwilliger, a son of P, testified that he saw P frequently along in May and June 1852; that his health in the winter was good, and began to decline about the first of May, and became worse after that, and during the summer was entirely prostrated; that he became worse and unable to attend to his business, and neglected it; his crops were neglected and fences down; his corn suffered for want of hoeing; that P appeared like a person worn down by sickness in May, June, and July; he was a farmer, and his business required his personal attention every day. P rested his case and D moved for a non-suit on the grounds: First. That the words were not spoken by D to P, nor authorized by him to be communicated to P; Second. That there was no evidence that the damages, if any, proved, were occasioned by the speaking of the words D. The court sustained the motion, and judgment having been entered against P, P appealed.