Drohan v. O'Brien
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Matthew Drohan, from an interlocutory judgment of the Supreme Court in favor of - the defendant, entered in the office of the clerk of the county of Albany on the 13th day of March, 1902, upon the decision of the court, rendered after a trial at the Albany Special Term, sustaining the defendant’s demurrer to the complaint, and also, as stated-in the notice of appeal, from the decision or order pursuant to which the interlocutory judgment was entered.
1Opinion of the Court
Chase, J.:
This is an action for slander. The complaint contains three alleged causes of action, in each of which alleged slanderous words are specifically set forth, followed by the words “ or words of like purport, meaning and effect.”
It is well settled that in an action for slander the alleged slanderous words complained of as having been spoken by the defendant must be set forth in the complaint, and it is not sufficient to set forth their tenor and effect. (13 Ency. PI. & Pr. 45 ; Battersby v. Collier, 34 App. Div. 347 ; Ward v. Clark, 2 Johns. 10; Forsyth v. Edmiston, 2 Abb. Pr. 430 ;…
2Cases cited4 opinions
- Ward v. ClarkNew York Supreme Court · 1806
- Battersby v. CollierAppellate Division of the Supreme Court of the State of New York · 1898
- Forsyth v. EdmistonThe Superior Court of New York City · 1856
- Gray v. NellisNew York Supreme Court · 1851
3Cited by3 opinions
- Crowell v. SchneiderAppellate Division of the Supreme Court of the State of New York · 1915
- Finkelstein v. DiamondCity of New York Municipal Court · 1949
- Weinstock v. LacherAppellate Division of the Supreme Court of the State of New York · 1942