Legal Opinion

De Wolfe v. Abraham

Appellate Division of the Supreme Court of the State of New York

Decided July 1, 1896Published

Appeal by the plaintiff, Florence Angelí De Wolfe, from an order of the Supreme Court, made at the Kings County Special Term and entered in the office of the clerk of the county of Kings on the 12th day of May, 1896, denying her motion for leave to serve an amended complaint in the action.

1Opinion of the Court

Cullen, J.:

This action was brought to recover damages for slander alleged to have been uttered by the defendants’ agents and employees charging the plaintiff with theft. After the cause had been at issue the plaintiff moved for leave to amend her complaint by alleging that at the time of uttering the slander the defendants, by their agents, without probable cause, maliciously and illegally detained the plaintiff and deprived her of her liberty. The application was resisted on the ground that, under section 484. of the Code, a cause of action for slander and one for false imprisonment cannot…

2Cases cited5 opinions

  1. Anderson v. HillNew York Supreme Court · 1869
  2. Howe v. PeckhamNew York Supreme Court · 1851
  3. Brewer v. TempleNew York Supreme Court · 1857
  4. Donohue v. DyerIndiana Supreme Court · 1864
  5. Martin v. MattisonNew York Supreme Court · 1858

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