Deddrick v. Mallery
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Alfred T. Mallery, from an interlocutory judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Saratoga on the 22d day of September, 1910, upon the decision of the court, rendered after a trial at the Saratoga Special Term, overruling the defendant’s demurrer to the complaint.
1Opinion of the Court
Sewell, J.:
The defendant demurred to the plaintiff’s complaint on the ground that it does not state facts sufficient to constitute a cause of action.
*820The action is for slander. The complaint contains two subdivisions. In the first it is alleged that “ In and about the month of May, 1910, on divers different days thereof at the Town of Corinth in the said county of Saratoga, and within the jurisdiction of this court, in a certain conversation or discourse had of and concerning the said ■ plaintiff, Levi B. Deddrick, the said defendant uttered false, malicious, slanderous and defamatory words of…
2Cases cited3 opinions
- Ward v. ClarkNew York Supreme Court · 1806
- Battersby v. CollierAppellate Division of the Supreme Court of the State of New York · 1898
- Forsyth v. EdmistonThe Superior Court of New York City · 1856
3Cited by4 opinions
- Crowell v. SchneiderAppellate Division of the Supreme Court of the State of New York · 1915
- Durante v. ContantiNew York Supreme Court · 1927
- Goldman v. Nu-Boro Park Cleaners, Inc.New York Supreme Court · 1943
- Finkelstein v. DiamondCity of New York Municipal Court · 1949