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Torts Keyed to Prosser
Terwilliger v. Wands
Citation:
17 N.Y. 54, 72 Am.Dec. 420Facts
Wands (defendant) spread rumors that Terwilliger (plaintiff) was having an affair with his married neighbor, Mrs. Fuller. Specifically, Wands had gossiped that Terwilliger had a “regular beaten path across his land” to Mrs. Fuller, who she alleged was a bad woman. Wands also gossiped that Terwilliger was plotting to do all that he could do to keep Mrs. Fuller’s husband in the penitentiary so that he could continue to have his affair with Mrs. Fuller. As a result of Wands’ rumors, Terwilliger suffered from illness and physical prostration. Terwilliger brought an action for slander against Wands. The trial court granted Wands’ motion for a nonsuit. Terwilliger appealed to the Court of Appeals of New York.
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