Hume v. Kusche
New York Supreme Court
Motion by the plaintiff for a new trial, the complain* having been dismissed for not alleging facts sufficient to constitute a cause of action. The action is for damages for slander, the alleged words and innuendoes being as follows: “ You (meaning the plaintiff) are dishonest.
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Motion by the plaintiff for a new trial, the complain* having been dismissed for not alleging facts sufficient to constitute a cause of action. The action is for damages for slander, the alleged words and innuendoes being as follows: “ You (meaning the plaintiff) are dishonest. I (meaning the defendant) came for money and I don’t care whether I injure you in your business or not; you are dishonest, you did Hofmeiser out of $200 which you owed him, dishonestly (meaning thereby that plaintiff had defrauded said Hofmeiser).” The complaint alleges that the plaintiff was in business as a tailor,…
1Opinion of the Court
Gayitob, J.:
1 — The words complained of are not a slander per se. To be a slander per se they would have (1) to charge the plaintiff with a criminal offence, or, failing of that, (2) be spoken of him in respect of his business, and be of such a character that they must necessarily injure him in his business; as that (being a tailor) he was a botch, or that his clothes were misfits, or that he was insolvent, and the like (Odgers, Bigelow’s ed. ch. 2, part 2). It is obvious that the words do not come under the first head; nor do they come under the second. They do not touch him in his skill or…
2Cases cited12 opinions
- Bergmann v. . JonesNew York Court of Appeals · 1883
- Atwater v. Morning News Co.Supreme Court of Connecticut · 1896
- Fowles v. . BowenNew York Court of Appeals · 1864
- Crane v. . BennettNew York Court of Appeals · 1904
- Den v. HuffTennessee Supreme Court · 1847
7 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Dillard v. ShattuckNew Mexico Supreme Court · 1932
- Steward v. World-Wide Automobiles Corp.New York Supreme Court · 1959
- Howarth v. BarlowAppellate Division of the Supreme Court of the State of New York · 1906
- Torski v. Mansfield Journal Co.Ohio Court of Appeals · 1956
- Martin v. WagnerNew York Supreme Court · 1961
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