Kendall v. . Stone
New York Court of Appeals
Appeal from tlie general term of the Superior Court of the city of New York, where a judgment entered upon a verdict in favor of the plaintiff, for $900 damages, had been affirmed. *This was an action on the case to recover damages for an alleged slander of the plaintiff’s title to certain lots of ground, in the sixteenth ward of the city of New York.
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Appeal from tlie general term of the Superior Court of the city of New York, where a judgment entered upon a verdict in favor of the plaintiff, for $900 damages, had been affirmed. *This was an action on the case to recover damages for an alleged slander of the plaintiff’s title to certain lots of ground, in the sixteenth ward of the city of New York. The declaration averred that by means of the uttering the words charged, divers good citizens, and especially, one Asa H. Wheeler, were deterred from purchasing the lands in question, and the plaintiff was prevented from disposing of the same,…
1Opinion of the Court
*GardiNer, J.
The cause of action in this case is denominated slander of title, by a figure of speech, in which the title to land is personified, and made subject to many of the rules applicable to personal slander, when the words in themselves are not actionable. To maintain the action, the words must not only be false, but they must be uttered maliciously (Smith v. Spooner, 3 Taunt. 254; Pater v. Baker, 3 Man., Gr. & Scott 868), and be followed, as a natural and legal conse-'h161106’ a pecrmimy damage to the plaintiff, which must be specially alleged in the declara tion, and substantially…
2Cases cited3 opinions
- Butler v. KentNew York Supreme Court · 1821
- Moody v. BakerNew York Supreme Court · 1826
- Moody v. BakerNew York Supreme Court · 1826
3Cited by30 opinions
- Reporters' Ass'n of America v. Sun Printing & Publishing Ass'nNew York Court of Appeals · 1906
- Burkett v. GriffithCalifornia Supreme Court · 1891
- Pegram v. StortzWest Virginia Supreme Court · 1888
- Wilson v. DuboisSupreme Court of Minnesota · 1886
- Age-Herald Publishing Co. v. WatermanSupreme Court of Alabama · 1913
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