New York Court of Appeals

Howard v. . Sexton.

October 5, 18504 N.Y. 157

Summary

The New York Court of Appeals reversed the lower court, holding that arbitrators have jurisdiction without being sworn, that the plaintiff’s testimony before them concerning a promise within the statute of frauds was material, and that evidence of a statement made on a different occasion to prove malice in a slander action is inadmissible. The court further held that express malice is not an element of slander except in privileged communications.