Deyo v. Brundage
New York Supreme Court
Motion to strike out, &c. The complaint alleged that the defendant, in a certain dis» course, See., spoke and published, of and concerning the pi aim tiff, the following slanderous words: “ Your wife is a damned Irish woman, and has got the palsy; and your son is insane, and you are a damned thief A The'defendant moved to strike out the words, " your wife is a damned Irish woman, and has got the palsy, and your son is insane,” as irrelevant and redundant.
1Opinion of the Court
Harris, Justice.
It is true, that the only actionable lam guage imputed to the defendant in the complaint, is that by which he charges' that the plaintiff is a thief. If, Upon the trial, this should be proved, the action would be sustained, whether the residue of the allegation should be proved or not. But, in proving the charge, it would be proper, indeed neces* sary, to prove all that was said at the time, in order that the jury may be able to determine, from the whole conversation, what was intended.
It may not be necessary to allege in the complaint all that was said, and yet it is…
2Cited by2 opinions
- Curley v. FeeneySupreme Court of New Jersey · 1898
- Goodstein v. Chalfonte Hotel Corp.New York Supreme Court · 1950