Maerlender v. Porter
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Frances J. Maerlender, from an interlocutory judgment of the Supreme Court iti favor of the defendant, entered in the office of the clerk of the county of jSTew York on the 26th day of January, 1906, upon the decision of the court, rendered after atrial at the FTew- York Special Term, sustaining the defendant’s demurrer to the complaint herein.
1Opinion of the Court
McLaughlin, J.:
This action was brought to recover damages for an alleged slander. The defendant demurred to the complaint upon the ground that it did not state facts sufficient to constitute a cause of action. The demurrer was sustained and plaintiff appeals.
The complaint charges that at a time and place stated the defendant, in the presence of a number of persons, “ maliciously spoke to, of and concerning this plaintiff the false and defamatory *181words, as follows, to wit: ‘ What right have you to his ’ (Adolph Maerlender’s)‘key or papers? You are not his wife.’ To which plaintiff replied, ‘I…
2Cases cited4 opinions
- Hemmens v. . NelsonNew York Court of Appeals · 1893
- Morrison v. . SmithNew York Court of Appeals · 1904
- Fleischmann v. . BennettNew York Court of Appeals · 1881
- Gibson v. Sun Printing & Publishing Ass'nAppellate Division of the Supreme Court of the State of New York · 1902
3Cited by2 opinions
- Kee v. Armstrong, Byrd & Co.Supreme Court of Oklahoma · 1919
- Davis v. KellyAppellate Division of the Supreme Court of the State of New York · 1916