John W. Lovell Co. v. Houghton
The Superior Court of New York City
Appeal by plaintiff from judgment dismissing complaint entered upon direction of the judge at trial term. A statement of the case is contained in the opinion.
1Opinion of the Court
By the Coitet.—Sedgwick, Ch. J.
The learned judge below was of opinion that this áction was to be determined by the rules that are applied in actions for slander of title, and cited Hovey v. The Rubber Tip Pencil Co. (57 N. Y. 125). He further said that the matter complained of was at least a privileged communication, and that the complaint must be dismissed, because the plaintiff had not proved malice in fact. A supposed slander of title is one kind of privileged communication. Its subject matter is, as in the present case, a claim of right, in the nature of property, antagonistic to a right…
2Cases cited3 opinions
- Hovey v. . Rubber Tip Pencil Co.New York Court of Appeals · 1874
- Like v. McKinstryNew York Supreme Court · 1863
- Like v. McKinstryNew York Court of Appeals · 1868