Keller v. Dean
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Orville A. Dean, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Onondaga on the 24th day of February, 1900, upon the verdict of a jury for $500, and also from an order entered in said clerk’s office denying the defendant’s motion for a new trial made upon the minutes.
1Opinion of the Court
Lattghlin, J.:
The action, is for slander. The complaint alleges that the defendant maliciously spoke of and concerning the plaintiff in the presence and hearing of various persons, the following false and defamatory words : “ Charles Keller set fire. to. my barn. I will never let Keller get the insurance he has on his tobacco. God damn him, he set my building afire, and I have got a witness right here in the room who will swear to it that he set it afire.”
The complaint contains no innuendo or other allegation as to the sense in which these words were used or Understood. At the opening of the…
2Cases cited13 opinions
- More v. . BennettNew York Court of Appeals · 1872
- Turton v. New York Recorder Co.New York Court of Appeals · 1894
- Giddens v. MirkSupreme Court of Georgia · 1848
- Carroll v. WhiteNew York Supreme Court · 1861
- Case v. BuckleyNew York Supreme Court · 1836
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3Cited by1 opinion
- Oklahoma Publishing Co. v. KendallSupreme Court of Oklahoma · 1923