Mishkin v. Roreck

This motion is to dismiss for legal insufficiency (Rules Civ. Prac., rule 106) the second count of the complaint which alleges slander. The spoken words were: “ You God damned son of a bitch; you lousy crook; you God damned bastard.” Special damages are not pleaded. Plaintiff proceeds on the theory that the utterance is slanderous per se.

The only extrinsic facts alleged are: Plaintiff, a real estate broker, dealer and builder, is sixty-seven years old, bears a good reputation for honesty, uprighteousness and credit; the words were uttered at a golf club where an outing was in progress which…