Gillespie v. Byrne
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Daniel Byrne, from an interlocutory judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 28th day of March, 1912, upon the decision of the court, rendered after a trial at the New York Special Term, overruling the defendant’s demurrer to the complaint.
1Opinion of the Court
Miller, J.:
The demurrer is for insufficiency. The important averment of the complaint is that “ the defendant, in the presence and hearing of a number of persons, including Louis W. Marks, the employer of both plaintiff and defendant, maliciously *704charged plaintiff with the theft of such goods as would, if the accusation were true, amount to grand larceny, and maliciously spoke concerning the. plaintiff the false and defamatory words following, to wit, ‘You took something in your stocking every day this week’ and ‘You ought to be ashamed of yourself, a woman of your age.’” The plaintiff claims…
2Cited by3 opinions
- Gurtler v. Union Parts Manufacturing Co.Appellate Division of the Supreme Court of the State of New York · 1955
- Kaplan v. K. Ginsburg, Inc.New York Supreme Court · 1958
- Dopsovic v. Stork Restaurant, Inc.New York Supreme Court · 1960