Foot v. Brown
New York Supreme Court
THIS was an action of. slander. The declaration stated that the plaintiff was an attorney and counsellor at law, and conducted himselt with great tairness, skill and integrity, &c. and had been' employed by E. Wilson an<^ another as counsel to manage a suit depending in jjúg COurt between them and J. Banuar and others, les- . J J 7 sors jn ejectment, &c.
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THIS was an action of. slander. The declaration stated that the plaintiff was an attorney and counsellor at law, and conducted himselt with great tairness, skill and integrity, &c. and had been' employed by E. Wilson an<^ another as counsel to manage a suit depending in jjúg COurt between them and J. Banuar and others, les- . J J 7 sors jn ejectment, &c. That the defendant, in the hear- . ing of Wilson, &c. spoke the following false and defamatory words of and concerning the plaintiff, and of and concerning his fairness, skill and integrity in his professional business, as an attorney and…
1Per curiam
The words, as laid, only go to charge the plaintiff with ignorance or want of skill in the particular ejectment suit mentioned; and such charge is not actionable without laying and proving special damages. If a suit would lie for these words, it would lie for saying that a physician did not understand the nature of the disease of a particular patient. Such a charge does not affect the party generally in his profession, and therefore the law will not give a remedy. In the case of Poe v. Mendford, (Cro. Eliz. 620 ) the defendant charged the plaintiff with h ving Piled a patient iwith physic,…
2Cited by18 opinions
- November v. Time Inc.New York Court of Appeals · 1963
- Twiggar v. Ossining Printing & Publishing Co.Appellate Division of the Supreme Court of the State of New York · 1914
- Battersby v. CollierAppellate Division of the Supreme Court of the State of New York · 1898
- Secor v. HarrisNew York Supreme Court · 1854
- Bordoni v. New York Times Company, Inc.District Court, S.D. New York · 1975
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