Legal Opinion
Taylor v. American Export Lines, Inc.
District Court, S.D. New York
Decided October 3, 1963PublishedCited by 1 opinion
1Opinion of the Court
WEINFELD, District Judge.
The first counterclaim of each defendant, insofar as it alleges he was falsely accused by plaintiff of committing an assault and battery, is sufficient to withstand the motion to dismiss. The accusation is broad enough to charge a serious law violation (e. g., 18 U.S.C. § 113 (1958)) and as such may be deemed slanderous per se (Roberts v. Rothstein, 32 Misc.2d 643, 224 N.Y.S.2d 139 (1961)).
As to the charge that the defendants were drunk aboard ship, the authorities are clear that unless an allegedly defamatory statement is uttered of' and concerning one in his…
2Cases cited5 opinions
- Gurtler v. Union Parts Manufacturing Co.Appellate Division of the Supreme Court of the State of New York · 1955
- Gurtler v. Union Parts Manufacturing Co.New York Court of Appeals · 1956
- Torres v. HunerAppellate Division of the Supreme Court of the State of New York · 1912
- Roberts v. RothsteinNew York Supreme Court · 1961
- Goodstein v. Chalfonte Hotel Corp.New York Supreme Court · 1950
3Cited by1 opinion
- Beatty v. EllingsSupreme Court of Minnesota · 1969