Moore v. Waring

FRANK, Circuit Judge.

In this suit for slander, the complaint alleged -that, in the presence of the members of defendant’s musical band, defendant had called plaintiff a “slimy reptile,” a “scurvy rat,” a “son-of-a-bitch,” and a “traitor,” and had charged defendant with perjury. Defendant admitted all the non-perjury statements. As to the perjury statement, he denied and, in the alternative, pleaded truth as a defense. The evidence showed that the “traitor” charge meant that plaintiff was a “traitor” to defendant and his band.

There was conflicting testimony as to the charge of perjury. The…