Dahm v. O'Connell
New York Supreme Court
Motion by plaintiff for judgment on the pleadings, Defendant demurred to the complaint as not stating a cause of action. The action is for slander.
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Motion by plaintiff for judgment on the pleadings, Defendant demurred to the complaint as not stating a cause of action. The action is for slander. The complaint alleges that at a meeting of an organization of which the plaintiff and defendant are members, the defendant, in the presence and hearing of divers persons, and with intent to cause it to be believed, maliciously spoke to, of and concerning the plaintiff the following false and defamatory words: “ I will not allow Mr. Dahm (meaning the plaintiff), or any other members of the union to look up or get any member’s record so that he,…
1Opinion of the CourtKapper, J.
Courts affix to words alleged as slanderous their ordinary meaning; consequently when words claimed to import the commission of a crime are set forth as having been spoken by the defendant of the plaintiff, the first question is, whether they impute a charge of crime. If they do, an innuendo, undertaking to state the same in other words, is use*584less and superfluous; and, if they do not, an innuendo cannot aid the averment, as it is a clear rule of law that an innuendo cannot introduce a meaning to the words broader that that which the words naturally bear. Pollard v. Lyon, 91 U. S. 233.…
2Cases cited6 opinions
- Moore v. . FrancisNew York Court of Appeals · 1890
- Pollard v. LyonSupreme Court of the United States · 1876
- O'Connell v. . Press Publishing Co.New York Court of Appeals · 1915
- Woodruff v. . Bradstreet Co.New York Court of Appeals · 1889
- Weed v. BibbinsNew York Supreme Court · 1860
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3Cited by1 opinion
- Dahm v. O'ConnellAppellate Division of the Supreme Court of the State of New York · 1917