Legal Opinion
Riley v. Gordon
Appellate Division of the Supreme Court of the State of New York
Decided June 25, 1920PublishedCited by 5 opinions
Appeal by the plaintiff, Frederick J. Riley, from an order of the Supreme Court, made at the Richmond Special Term and entered in the office of the clerk of the county of Richmond on the 7th day of September, 1918, sustaining defendant’s demurrer to the third amended complaint.
1Opinion of the Court
Blackmar, J.:
The defendant demurred to a complaint in slander on the ground that it did not state facts sufficient to constitute a cause of action. The demurrer was sustained and the plaintiff appeals. The alleged defamatory words spoken concerning the plaintiff were as follows:
“You cashed that cheque in Batchellor’s the night you came up from Ulmer Park. I had a man from Batchellor’s go all through the building and he picked you out as the man *444who cashed the cheque. It is circumstantial but it’s enough for a jury. I didn’t expect you to admit it. Williamson didn’t either and he’s doing five…
2Cases cited3 opinions
- Fry v. BennettThe Superior Court of New York City · 1851
- Grand v. DreyfusCalifornia Supreme Court · 1898
- Van Heusen v. . ArgenteauNew York Court of Appeals · 1909
3Cited by5 opinions
- Sweeney & Co. v. BrownCourt of Appeals of Kentucky (pre-1976) · 1933
- Porak v. Sweitzer's, Inc.Montana Supreme Court · 1930
- Rizzo v. ZuckerNew York Supreme Court · 1958
- Tower v. CrosbyNew York Supreme Court · 1925
- Von Seelen v. NicholsAppellate Division of the Supreme Court of the State of New York · 1982