16 Wend. 601 | N.Y. Sup. Ct. | 1837
The objection made on the argument that the deposition of Mrs. Myers should have been taken under the first, instead of the fifth article of the statute, in reference to the taking of testimony conditionally, 2 R. S. 391, Art. 1 and 5, was not raised at the trial, and cannot therefore be alleged for error. The same answer may be given to the objections that the affidavit on
The court decided properly, that in order to justify the slander, the evidence must be sufficient to convict the plaintiff if he were on trial for perjury. Woodbeck v. Keller, 6 Cowen, 118.
The charge of the court to the jury was substantially correct. If Myers Clark had settled their partnership transactions and struck a balance which Clark promised to pay, Myers might sue at law to recover that balance ; and it would not vary the case if, through accident or otherwise, some trifling matters between the partners and third persons were left unadjusted. Nothing like a justification of the slander was made out. On the settlement of the ap
Judgment affirmed.