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Lindsey v. Smith
7 Johns. 359
N.Y. Sup. Ct.
1811
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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 Details

Case Name: Lindsey v. Smith
Court Name: New York Supreme Court
Date Published: Feb 15, 1811
Citation: 7 Johns. 359
Court Abbreviation: N.Y. Sup. Ct.
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