Taylor v. Wallace
New York Supreme Court
Motion for a new trial-. Action for slander, the alleged words being as follows: “ ‘ Who is that woman that was here with your wife? ’ Mr. Worth made answer, ‘ She keeps a little boarding house-down in South Brooklyn.’ Defendant replied, ‘ I think she keeps something else besides a boarding house.
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Motion for a new trial-. Action for slander, the alleged words being as follows: “ ‘ Who is that woman that was here with your wife? ’ Mr. Worth made answer, ‘ She keeps a little boarding house-down in South Brooklyn.’ Defendant replied, ‘ I think she keeps something else besides a boarding house. She (meaning plaintiff)came down here and coaxed my bartender to stay with her all night.’ ” Mo meaning of the words was alleged in the complaint» The complaint was dismissed for not stating a cause of action.
1Opinion of the Court
Gaynob, J.:
It was claimed at the trial that the words imputeuncliastity to the plaintiff. They do not necessarily do so. A woman may ask a man to stay at her house over night for more reasons than one. It is a familiar rule of pleading in actions for damages for libel or slander that where the words are not necessarily slanderous, i. e. are capable of a meaning not slanderous, the slanderous meaning which is claimed must be alleged in the complaint in order to state a cause of action. Otherwise the defendant is not put on his defense as to such meaning, and enabled to plead facts in…
2Cases cited2 opinions
- Hemmens v. . NelsonNew York Court of Appeals · 1893
- Smid v. BernardNew York Supreme Court · 1900
3Cited by5 opinions
- Zimmerman v. KallimopoulouCivil Court of the City of New York · 1967
- Irving v. IrvingAppellate Division of the Supreme Court of the State of New York · 1907
- Morris v. StellakisNew York Supreme Court · 1961
- Russell v. BarronAppellate Division of the Supreme Court of the State of New York · 1906
- Lynott v. PearsonAppellate Division of the Supreme Court of the State of New York · 1910