Cassavoy v. Pattison
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, William L. Pattison, from an interlocutory judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Westchester on the 4th day of April, 1903, upon the decision of the court, rendered after a trial at the Westchester Special Term, overruling the defendant’s demurrer to the fifth and sixth causes of action set forth in the complaint.
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Appeal by the defendant, William L. Pattison, from an interlocutory judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Westchester on the 4th day of April, 1903, upon the decision of the court, rendered after a trial at the Westchester Special Term, overruling the defendant’s demurrer to the fifth and sixth causes of action set forth in the complaint. The causes of action attacked by the demurrer are as follows: “ V. * * * That on or about the 18th day of November,. 1901, and on many other occasions during the year 1901, at the Village…
1Opinion of the Court
Willard Bartlett, J.:
This is an action for slander. The oral accusation of dishonesty set out in the fifth cause of action is not slanderous per se, and no *372action will lie for the utterance of such a charge by word of mouth unless it relates to the plaintiff in a special character, or occasions special damage. (See definition of slanderous words, per .Andrews, J., in Moore v. Francis, 121 N. Y. 199, 203.) There is no allegation that the words in question were spoken of the plaintiff in reference to any occupation or business, nor is there any averment that he had any occupation or was engaged…
2Cases cited4 opinions
- Moore v. . FrancisNew York Court of Appeals · 1890
- Fowles v. . BowenNew York Court of Appeals · 1864
- Van Tassel v. CapronCourt for the Trial of Impeachments and Correction of Errors · 1845
- Forward v. AdamsNew York Supreme Court · 1831
3Cited by8 opinions
- Gurtler v. Union Parts Manufacturing Co.Appellate Division of the Supreme Court of the State of New York · 1955
- Dillard v. ShattuckNew Mexico Supreme Court · 1932
- Jordan v. LewisAppellate Division of the Supreme Court of the State of New York · 1964
- Sleight v. WoodsNew York Supreme Court · 1932
- Cassavoy v. PattisonAppellate Division of the Supreme Court of the State of New York · 1905
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