Nealon v. Frisbie
The Superior Court of New York City
The action is for slander, and the complaint in these words : “ That on or about the 30th day of November, 1893, at the premises No. 228 West Fifty-ninth street, in the city of New York, the defendant, in the presence and hearing of a number of persons, maliciously spoke concerning the plaintiff the false and defamatory words following, to wit: “ That he called the plaintiff a God-damned Irish bitch, whereby the plaintiff was injured in her reputation to. her damage the sum…
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The action is for slander, and the complaint in these words : “ That on or about the 30th day of November, 1893, at the premises No. 228 West Fifty-ninth street, in the city of New York, the defendant, in the presence and hearing of a number of persons, maliciously spoke concerning the plaintiff the false and defamatory words following, to wit: “ That he called the plaintiff a God-damned Irish bitch, whereby the plaintiff was injured in her reputation to. her damage the sum of five thousand dollars.” The defendant demurred, on the ground that the complaint did not state facts sufficient to…
1Opinion of the CourtMcAdam, J.
The words charged, though opprobrious, do not necessarily impute want of chastity, and are not necessarily actionable^?’ se. Phillips v. Baldwin, 8 Wkly. Dig. 194; Schurick v. Kollman, 50 Ind. 336 ; K-—- v. H-—-, 20 Wis. 239, and see Anonymous, 60 N. Y. 262; McMahon v. Hallock, 15 N. Y. St. Repr. 828. Where words are not actionable per se, and do not, on their face,, convey a slanderous imputation, there must be a preparatory statement of some extrinsic matter, a colloquium connecting it with the words spoken, and an innuendo showing the injurious sense in which they were uttered. 5 Wait’s…
Also in this document: Concurrence.
2Cases cited8 opinions
- Hayes v. . BallNew York Court of Appeals · 1878
- Kennedy v. GiffordNew York Supreme Court · 1838
- K v. HWisconsin Supreme Court · 1866
- Schurick v. KollmanIndiana Supreme Court · 1875
- AnonymousNew York Court of Appeals · 1875
3 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Smid v. BernardNew York Supreme Court · 1900
- Martin v. SutterCalifornia Court of Appeal · 1922
- Goodstein v. Chalfonte Hotel Corp.New York Supreme Court · 1950
- MacIntyre v. FruchterNew York Supreme Court · 1914
- Hatfield v. SissonNew York Supreme Court · 1899