Kegerreis v. Van Zile
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant,. Edward S. Van Zile, from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 7th day of August, 1917, denying his motion for judgment on the pleadings consisting of a complaint and the second amended answer thereto.
1Opinion of the Court
Scott, J.:
The action is for slander in that defendant, on two occasions in the month of February, 1916, spoke words to and concerning the plaintiff which in effect charged him with the crime of treason towards the United States. This is the effect attributed by the innuendoes to the words spoken.
The defendant after service of an amended answer moves for judgment for general insufficiency, and in support of his demurrer argues that in the condition of affairs which existed at the time the words were spoken the plaintiff could not have been guilty of the crime of treason, and that no one who…
2Cases cited2 opinions
- Kennedy v. GiffordNew York Supreme Court · 1838
- Warner v. . SouthallNew York Court of Appeals · 1901
3Cited by1 opinion
- Devany v. QuillNew York Supreme Court · 1946