New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1867-05-04
SUPERIOR COURT-sPEcrAL TERM-MAY s.-Before
Justice BARBOUR.
SANDER SUTT--wHAT WORDS ARE ACTIONABLE
PER sE--wHAT Is SUFFICIENT SPECIAL DAMAGE.

A ISLANDER SUII-WHAI WORDS AXE ANliDNNbLL
PER sE-wTAT Is SUFFICIENT SPECIAL DAMAGE.
Elizabeth Manning sgt George Glass
This action was brought to recover 5000 damages
against the defendant for defraudmg the plaintiff in
tard. motion was made last month before judge
Garvin TO strike out the allegations pertaining TO tine
able in Themselves and that II necessary To prove
and aege special damage. This motion was granted.
Plaintiff then served amended complaint, which, in
addition to the alleging OF the SANDERS charges tat the
plaintiff was thrown out Of employ and had 10
TO distant part Of the city az an expense ana loss
Of 500 because the landlord ana tenants al le NOUS
she resided IN became prudced against her IN conSe
Defendant now moves 10 strike ont the words uttered
and the svernents Of special damage upon the ground
that the words not aconable without special dam,
ages and that the damage alleged not such special
damage naturally resulted from the uttcrlng 81 the
words.
Mir Reavey for the defendant cited many TO
tam his motion. IN Brugs at Gillespie. Johns Rep b
It decided that to charge married woman with adultry
is actionablc unless special damage Is averied In
BroOker agt Coffin, Johns Rep. o5, ana Brandt agt
Towsey - Wend Rep 25s It is held that 10 call mar
RED woman common prostitute rs not acIOhaDie WIN
out showing special damage Notwithstanding hch per
sons are punishable as Gi5oGery persons 70 Tue same
Rauney HILL 300, the Court held the TACT Of the plain
tiff female having suffered IN mind and body ana be
ing abandoned by her husband ana exped IRON ssclet
of which she member IN consequence OF charge OF
unchastity Is not sufficient special damage.
In the case Of Terwilger agt Wauds and Wilson agt
Colt NewYOrk, Rep the Court, Of Appeals. after e-
viewing all the former sustained the doctrine
enunciated in the last case After argument the court
sustained the defendants motion with costs.
j Ill
Before Justice GARyIE.
DECISIONS.
Clark B. Wheeler agt Elisha Accommodation
for a new trial denied, with costs.
Aaron W schermernOrn agt. Leone Barnes ct AIDE
fault opened payment Of s13 and disbursements
within 10 days from this date.
John IL. Blote agt. VIM Biumm, hnpld, &c.-Moton
denied, without costs.
VIM Fullerton agt Willis Gaylord.-Motion denied,
with $40 costs 20 abide event.
John III. Lockwood agt. John A. Pennington ct al
Motion denied, with sl0 costs 10 abide event
John II. Lockwood agt Eben j. v Haughwout ct al
Motion denied, with $40 costs
Samuel Weeks aCt Randolph MerT1t-MOtOn fOr at
tachinent denied, without costs.
Josephine SarChe agt. The COmpagne Generate Trans
atantiqueAn attachment cannot Dc issued except III
actions arising upon contract
Oaky Beach agt Jas S. Boardman ct al.-Motion de-
MED and relief asked for refused, with SO costs.
Daniel Parish dgt. JOhn HcCkef-MOiOu 0cIneu, Wlth-
costs.
same agt. Same Motion granted, without costs.
Samuel ". Nudge agt. Jas l. HOmmedicu.-Ihe costs
in tins must be retaXcd
Before Justice BARBOUR.
John T. White agt. Leonard ii. Church ct al.-MOtOn
TO dissolve injunction denied with go costs
Mary 4. Shanahan agt. John standardization denied.
john Morrison ct al agt Amos NJ. Atwell ct a-Order
granted.
James SlatteTly agt Edward p. Clark.-MOtOn granted
Elan G. salisbury agt. Geo b. Collyer-An order will
DC entered providing that IN the appellant shall
fail Tile and snch case exceptions OF undertak
ing within the term limited, this motion be dismissed
with SO costs. -
John Calvin an infant, &c, agt. b. c. whecler-Mo-
Daniel Elston agt. Andrew sehllng ct al-Moton de-
MED with 81 costs.
VIM. ". Dun ct al. agt Abraham VI. Cozzens--Motion
granted IN part and denied in part men, with Clerk
j. V. Graham ~ al ag John A. IOlcy.-MOtlOn 10 Ie-
fer granted with $40 costs, 10 abide event
ELZabeth Manning agt. Geo Glass.-Al0tlOn granted
with ~ costs.
X. Hecksher, jr. ct al agt r. wetzel ct al-Motion
amending complaint granted with costs to be taxed