Empire Cream Separator Co. v. De Laval Dairy Supply Co.
Supreme Court of New Jersey
On 'demurrer to declaration. The declaration in this caso contains two counts, one for libel and the other for slander. There is a demurrer to each of the counts.
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On 'demurrer to declaration. The declaration in this caso contains two counts, one for libel and the other for slander. There is a demurrer to each of the counts. The first count charges that the plaintiff was manufacturing and selling cream separators, and that the defendant falsely and maliciously published a defamatory libel as follows: “To traveling and supervising representatives and agents: It may be of interest and business use to you to know what the Empire people [meaning the plaintiff] are proposing to do in a separator way. All our reports indicate that they [meaning the plaintiff]…
1Opinion of the Court
*209The opinion of the court was delivered by
Eeed, J.
It is perceived that the innuendo declares that the meaning of the defendant in publishing the alleged defamatory words was that the plaintiff, believing its machines to be defective, fraudulently induced its agents and dealers to buy them upon the false representation that they were of proper construction, and that the plaintiff fraudulently concealed from its agents and dealers that it was about to abandon the manufacture of these machines and substitute another type of machine. The purport of this innuendo is that the plaintiff lied to its…
2Cited by6 opinions
- Hines v. GravinsSupreme Court of Virginia · 1922
- Roemer v. Jacob Schmidt Brewing Co.Supreme Court of Minnesota · 1916
- Voltube Corp. v. B. & C. INSULATION PRODUCTSNew Jersey Superior Court Appellate Division · 1951
- Baldwin v. Point Pleasant Beach Surf ClubNew Jersey Superior Court Appellate Division · 1949
- Davis v. Trust Co.Supreme Court of New Jersey · 1948
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