Legal Opinion

Casale v. Calderone

Appellate Terms of the Supreme Court of New York

Decided February 15, 1906Published

Appeal by the defendant from an interlocutory judgment: of the City Court of the city of ¡New York, made at Special Term, overruling his demurrer to the amended complaint.

1Opinion of the CourtGiegerich, J.

This action was brought to recover damages for slander.

The amended complaint alleges:

“1. That on the 29th day of January, 1905, at 200 Avenue A, in the city of ¡New York, the defendant, in the presence and hearing of many persons understanding the Italian language, did speak of and concerning the plaintiff as follows : ‘ Questi due signori Casale (padre e figlio) pagarono, per scroccare dopo denaro alia societa.’

“ II. That such words do mean in the English language: "These men Casale (referring to plaintiff and his son), have paid their arrears for the purpose of cheating the society,’ and…

2Cases cited7 opinions

  1. Terwilliger v. . WandsNew York Court of Appeals · 1858
  2. Olmsted v. MillerNew York Supreme Court · 1828
  3. Bassell v. . ElmoreNew York Court of Appeals · 1872
  4. Langdon v. ShearerAppellate Division of the Supreme Court of the State of New York · 1899
  5. Herrick v. LaphamNew York Supreme Court · 1813

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