De Wolfe v. . Abraham
New York Court of Appeals
Appeal, by certification, from an order of the Appellate Division of the Supreme Court in the second judicial department, entered July 17,1896, which reversed an order of Special Term, denying plaintiff’s motion to amend her complaint. The nature of the action and the facts, so far as material, are stated in the opinion. The amendment sought to add to the complaint a new cause of action, to wit, a cause of action for false imprisonment.
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Appeal, by certification, from an order of the Appellate Division of the Supreme Court in the second judicial department, entered July 17,1896, which reversed an order of Special Term, denying plaintiff’s motion to amend her complaint. The nature of the action and the facts, so far as material, are stated in the opinion. The amendment sought to add to the complaint a new cause of action, to wit, a cause of action for false imprisonment. This cannot he united with a cause of action for slander. (Anderson v. Hill, 53 Barb. 238; Goldberg v. Utley, 60 N. Y. 429 ; Wiles v. Suydam, 64 N. Y. 173; 1…
1Opinion of the CourtBartlett, J.
The plaintiff sued the defendants, merchants in the city of Brooklyn, for slander, alleging that at their place of business, and in the presence and hearing of a large number of people, the defendants, through their lawftd agents, charged plaintiff with theft, in that she had stolen from them- a certain ring. The plaintiff’s counsel, in opening the case to the jury, stated that the alleged slander was not uttered by the defendants, or either of them, but by a cleric or salesman in their employ; that plaintiff, at the time of the slander, was falsely imprisoned by a detective of defendants,…
2Cases cited1 opinion
- Anderson v. HillNew York Supreme Court · 1869
3Cited by14 opinions
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- Christiansen v. WestonArizona Supreme Court · 1930
- People v. WellsAppellate Division of the Supreme Court of the State of New York · 1900
- Green v. DaviesAppellate Division of the Supreme Court of the State of New York · 1905
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