Legal Opinion

MacIntyre v. Fruchter

New York Supreme Court

Decided July 23, 1914PublishedCited by 2 opinions

Action by ,Belle MacIntyre against Phillip Fruchter. On demurrer to the complaint.

1Opinion of the CourtTompkins, J.

The demurrer to the complaint must be sustained. The words alleged to have been spoken by the defendant of and concerning the plaintiff, to wit:

“You are a dirty bitch; (reiterated several times) you are a dirty lousy blackguard and a swindler. You are only fit for niggers to associate with , and only worked for niggers in the South”—

would have been libelous per se, had they been written or printed, but, having been .spoken only, are not slanderous per se, because they do not charge or import the commission of a crime by the plaintiff, and do not impute unchastity to her. There is no claim…

2Cases cited4 opinions

  1. Schurick v. KollmanIndiana Supreme Court · 1875
  2. Nealon v. FrisbieThe Superior Court of New York City · 1895
  3. Kenworthy v. BrownNew York Supreme Court · 1904
  4. Nealon v. FrisbieThe Superior Court of the City of New York and Buffalo · 1895

3Cited by2 opinions

  1. Slocum v. Food Fair Stores of Florida, Inc.Supreme Court of Florida · 1958
  2. Villemin v. BrownAppellate Division of the Supreme Court of the State of New York · 1920

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