Germ-Proof Filter Co. v. Pasteur-Chamberland Filter Co.
New York Supreme Court
Appeal from circuit court, New York county. Action by the Germ-Proof Filter Company against the PasteurGhamberland Filter Company for slander and malicious injury to plaintiff’s business. The complaint was dismissed on the ground that it did not contain facts- sufficient to constitute a cause of action, and plaintiff appeals. Affirmed.
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Appeal from circuit court, New York county. Action by the Germ-Proof Filter Company against the PasteurGhamberland Filter Company for slander and malicious injury to plaintiff’s business. The complaint was dismissed on the ground that it did not contain facts- sufficient to constitute a cause of action, and plaintiff appeals. Affirmed. The plaintiff is a corporation organized under the laws of this state, and the defendant is a corporation organized under the laws of the state of Ohio. These corporations are rivals in the business of manufacturing and selling water filters. It is alleged in…
1Opinion of the CourtFollett, J.
The complaint is fatally defective in two particulars :
1. The particular words spoken by defendant’s officers and agents, are not alleged, and a complaint which does not set out the words spoken is bad. Ward v. Clark, 2 Johns. 10; Fox v. Vanderbeck, 5 Cow. 518; Blessing v. Davis. 24 Wend. 100; Finnerty v. Barker, 7 N. Y. Leg. Obs. 316; Forsyth v. Edmiston, 2 Abb. Pr. 430; Cook v. Cox, 3 Maule & S. 110; Harris v. Warre, 4 C. P. Div. 128;. Townsh. Sland. & L. (4th Ed.) 329; Starkie, Sland. & L. (3d Eng. Ed.) 343; Id. (Wood’s Ed.) 425; Odgers, Sland. & L. 528; 13 Am. 6 Eng. Enc. Law, 456;…
2Cases cited4 opinions
- Ward v. ClarkNew York Supreme Court · 1806
- Lobdell v. HopkinsNew York Supreme Court · 1826
- Forsyth v. EdmistonThe Superior Court of New York City · 1856
- Blessing v. DavisNew York Supreme Court · 1840
3Cited by6 opinions
- Crowell v. SchneiderAppellate Division of the Supreme Court of the State of New York · 1915
- Van v. LewisNew York Supreme Court · 1903
- Cooke v. DodgeNew York Supreme Court · 1938
- Goldman v. Nu-Boro Park Cleaners, Inc.New York Supreme Court · 1943
- McDonald v. EdwardsNew York Supreme Court · 1897
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