Legal Opinion

Green v. . Davies

New York Court of Appeals

Decided October 24, 1905PublishedCited by 91 opinions

Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the first judicial department, entered January 5, 1905, which affirmed an interlocutory judgment of Special Term overruling a demurrer to the complaint. The following question was certified : “ Does it appear upon the face of the amended complaint in this action that causes of action have been improperly united in that “First.

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Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the first judicial department, entered January 5, 1905, which affirmed an interlocutory judgment of Special Term overruling a demurrer to the complaint. The following question was certified : “ Does it appear upon the face of the amended complaint in this action that causes of action have been improperly united in that “First. The cause of action against each defendant for slanders alleged in said amended complaint to have been published by him are joined therein with causes of action for slander alleged to…

1Opinion of the Court

Cullen, Oh. J.

The coni plaint alleges that the defendants conspired to traduce- the plaintiff and injure him in his good name and reputation and lead his intimate acquaintances and business customers to believe that the plaintiff was insane and not capable of attending to his business, and to cause the plaintiff to be imprisoned on a false charge and to wickedly abuse the process of the Supreme Court; that in pursuance of the said conspiracy several of the defendants uttered against the plaintiff several slanders, particularly set forth in the complaint, and in further pursuance of such…

2Cases cited5 opinions

  1. Brackett v. . GriswoldNew York Court of Appeals · 1889
  2. Phelps v. . WaitNew York Court of Appeals · 1864
  3. De Wolfe v. . AbrahamNew York Court of Appeals · 1896
  4. Keit v. WymanNew York Supreme Court · 1893
  5. Train v. TaylorNew York Supreme Court · 1889

3Cited by91 opinions

  1. Alexander & Alexander of New York, Inc. v. FritzenNew York Court of Appeals · 1986
  2. Original Ballet Russe, Ltd. v. Ballet Theatre, Inc.Court of Appeals for the Second Circuit · 1943
  3. Kashi v. GratsosCourt of Appeals for the Second Circuit · 1986
  4. Newburger, Loeb & Co. v. GrossCourt of Appeals for the Second Circuit · 1977
  5. Mary Pickford Co. v. Bayly Bros., Inc.California Supreme Court · 1939

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