Legal Opinion

Russell v. Barron

Appellate Division of the Supreme Court of the State of New York

Decided March 9, 1906PublishedCited by 2 opinions

Appeal by the defendant, Stephen Barron, from an order of the Dutchess County Court, entered in the office of the clerk of the county of Dutchess on the- 1st day . of May, .1905, granting the plaintiff’s motion for a new trial of the action.

1Opinion of the Court

Gaynor, J.:

The action is for damages for slander. The complain^ does not state a cause of action. The words alleged are that the plaintiff, in employing men for his employer, charged them a commission or fee *383on their wages. To do this is not a criminal offense, and, therefore, the words are not defamatory in that sense. It is said, however, that they impute to him dishonesty to his employer, and, therefore, touch him in his position of employment, which is a separate, head of slander. But the complaint does not allege such a meaning, and where the words are equivocal, i. e., capable of an…

2Cases cited1 opinion

  1. Taylor v. WallaceNew York Supreme Court · 1900

3Cited by2 opinions

  1. First National Bank v. WarnerNorth Dakota Supreme Court · 1908
  2. Lynott v. PearsonAppellate Division of the Supreme Court of the State of New York · 1910

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