Linden v. Graham
The Superior Court of New York City
This case came before the court on an appeal from an order made at special term, overruling a demurrer to the 5th cause of action set out in the complaint. The cause of action stated is, the speaking of slanderous .words of and concerning the plaintiff’s title to certain lands, whereby he was prevented from procuring a loan upon a mortgage of the lands.
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This case came before the court on an appeal from an order made at special term, overruling a demurrer to the 5th cause of action set out in the complaint. The cause of action stated is, the speaking of slanderous .words of and concerning the plaintiff’s title to certain lands, whereby he was prevented from procuring a loan upon a mortgage of the lands. This count states, that the plaintiff “ caused application to be made to one Samuel Osgood, being in the business of loaning money for others, and the said Samuel Osgood, but for the grievances hereinafter stated, could and would have procured…
1Opinion of the CourtBy the Court. Bosworth, J.
This count does not name any person with whom Osgood was in treaty for a loan, upon the security of a mortgage of plaintiff’s land, and who would have made a loan but for the speaking of the slanderous words.
Words spoken of and concerning the title to property are not actionable per se. Special damage must have resulted, or no action will lie. This must be stated in the complaint. To make such a statement as will constitute a cause of action, the person must be named who was induced not to purchase or make a loan hy reason of the slander.
In Malachy v. Soper et al., 3 Bing. N. C. p. 371, the…
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