Palmer v. Lang

Citations

• 7 Daly 33

Syllabus

<p>In an action for slander the defendant may show in mitigation of damages that the slanderous words complained of were spoken by him in the heat of passion, occasioned by recent conduct of a provoking character on the part of the plaintiff, and therefore Held, that in mitigation of damages for having called the plaintiff a thief and a scoundrel; with having made false entries in the defendant’s books, and having sold goods for the defendant and collected more than he returned or accounted to the defendant for, the defendant might show that the plaintiff had been discharged from the defendant’s employ about two months previous to the time when the slanderous words were spoken, and that after his discharge the plaintiff had gone about among the defendant’s customers warning them against him, saying that he would charge them usurious interest, sell them out, and break them up.</p>