Malone v. Stilwell
New York Court of Common Pleas
Appeal from an order overruling demurrers. \ This was an action "by Eliza Malone against B. M. Stilwell 1 and Elizabeth Stilwell, to recover two thousand dollars for an alleged slander.
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Appeal from an order overruling demurrers. \ This was an action "by Eliza Malone against B. M. Stilwell 1 and Elizabeth Stilwell, to recover two thousand dollars for an alleged slander. The complaint, omitting formal portions, was as follows: That on, &c., at, &c., the plaintiff was a domestic servant in the employment of the defendants ; that on said day Elizabeth Stilwell, one of the above-named defendants, wife of Benjamin M. Stilwell, the other defendant, contriving, and wickedly and maliciously intending, to injure this plaintiff in her good name, fame, and credit, and to bring her into…
1Opinion of the CourtHilton, J.
I think this complaint is open to the objection that it states two distinct causes of action which cannot be joined.
*425It is true, it commences by alleging, with proper averments, a distinct cause of action against the defendants for slander uttered by the wife, and closes by stating the slanderous words used, but-it adds to this other slanderous words uttered at the same time by the husband. Then follows the averment, “ by means of the committing of which said several grievances by the said Elizabeth Stilwell and Benjamin M. Stilwell as aforesaid, the said plaintiff has been and still is…
2Cited by5 opinions
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