Legal Opinion

Thorner v. Samuels

New York Supreme Court

Decided December 15, 1923PublishedCited by 6 opinions

1Opinion of the Court

O’Malley, James, J.

This is an action for slander. The defendant has moved to dismiss the complaint upon the around that it fails to state a cause of action. It is urged that the alleged spoken words are not slanderous per se, and that, as special damages are not alleged, the complaint is defective.

The complaint alleges in substance that the plaintiff for a number of years last past has been a resident of New York city; that on and prior to March 3, 1923, he had a large circle of friends and acquaintances here and elsewhere in various specific cities and in other parts of the world, and that…

2Cases cited5 opinions

  1. Kinney v. . NashNew York Court of Appeals · 1849
  2. Van Tassel v. CapronCourt for the Trial of Impeachments and Correction of Errors · 1845
  3. Smid v. BernardNew York Supreme Court · 1900
  4. Keene v. Tribune Ass'nNew York Supreme Court · 1894
  5. Labouisse v. Evening Post Publishing Co.Appellate Division of the Supreme Court of the State of New York · 1896

3Cited by6 opinions

  1. Life Printing & Publishing Co. v. FieldAppellate Court of Illinois · 1944
  2. Ellsworth v. Martindale-Hubbell Law Directory, Inc.North Dakota Supreme Court · 1936
  3. Connelly v. McKayNew York Supreme Court · 1941
  4. Dyer v. MacDougallDistrict Court, E.D. New York · 1950
  5. Eisenberg v. ReasenbergNew York Supreme Court · 1928

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