Tobias v. Harland
New York Supreme Court
Demurrer to declaration. The declaration, after stating, by way of inducement, that the plaintiff used and exercised the trade and business of a manufacturer of patent lever watches, called S. J. Tobias & Co’s patent lever watches, and that the defendant was a dealer in patent lever watches manufactured by M. J. Tobias and Robert Roskell, and by other persons, averred that the defendant intending to defame and slander the plaintiff, and to injure and prejudice him in the use…
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Demurrer to declaration. The declaration, after stating, by way of inducement, that the plaintiff used and exercised the trade and business of a manufacturer of patent lever watches, called S. J. Tobias & Co’s patent lever watches, and that the defendant was a dealer in patent lever watches manufactured by M. J. Tobias and Robert Roskell, and by other persons, averred that the defendant intending to defame and slander the plaintiff, and to injure and prejudice him in the use and exercise of his trade and business of a manufacturer of patent lever watches, falsely and maliciously spoke and…
1Opinion of the Court
By the Court,
Marcy, J.
Special damages are not so alleged in the declaration that proof of them could be received on the trial. The general allegation of the loss of customers is not sufficient to enable the. plaintiff to shew a particular injury. (Bull. N. P. 71. Saund. 243, n. 5. 1 Str. 666.) If the plaintiff in this suit can recover at all it must be because the words are actionable in themselves. Whether they are so or not is the only question presented by the demurrer.
The words charged do not directly impeach the integrity, knowledge, skill, diligence or credit of the plaintiff. They only…
2Cited by33 opinions
- Marlin Fire Arms Co. v. . ShieldsNew York Court of Appeals · 1902
- Reporters' Ass'n of America v. Sun Printing & Publishing Ass'nNew York Court of Appeals · 1906
- Bergmann v. . JonesNew York Court of Appeals · 1883
- Bearce v. BassSupreme Judicial Court of Maine · 1896
- Kee v. Armstrong, Byrd & Co.Supreme Court of Oklahoma · 1919
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