Kuhne v. Ahlers
New York Supreme Court
Action for slander. Motion by the plaintiff for a new trial, the complaint having been dismissed on the- trial for not stating facts sufficient, etc. i The words complained of were as follows: “ Who are you anyhow you are a bankrupt and a swindler. I know why you had to leave Berlin and Staten Island. Tour children are thieves and were arrested for stealing, and you, Kuhne (meaning plaintiff) are a God-damned son of a bitch ”.
1Opinion of the Court
Gaynor, J.:
It has been settled ever since the case of Savile v. Jardine (2 H. Black. 531) that to say of one he is a swindler is no slander. The word is classed as one of abuse, merely, like “ rogue ” and “ cheat ”, instead of charging a crime, which.is necessary to make oral words a slander when spoken of one in his general character (Chase v. Whitlock, 3 Hill, 139; Odgers, p. 62; Townshend, sec. 173, and cases there collected). Cases like Forest v. Hanson (1 Cranch C. C. 63) are not to the contrary, for there the complaint was that the word was spoken of the plaintiff in his official…
2Cited by4 opinions
- Villemin v. BrownAppellate Division of the Supreme Court of the State of New York · 1920
- Jordan v. LewisAppellate Division of the Supreme Court of the State of New York · 1964
- Mishkin v. RoreckNew York Supreme Court · 1952
- Santos v. GallinDistrict Court, S.D. New York · 1952