Drohan v. O'Brien
Appellate Division of the Supreme Court of the State of New York
Appeal from special term, Albany county. Action by Matthew Drohan against Robert O’Brien. From an interlocutory judgment sustaining a demurrer to the complaint, plaintiff appeals.
1Opinion of the CourtChase, 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 com*431plaint, and it is not sufficient to set forth their tenor and effect. 13 Enc. Pl. & Prac. p. 45; Battersby v. Collier, 34 App. Div. 347, 54 N. Y. Supp. 363; Ward v. Clark, 2 Johns. 10, 3 Am. Dec. 383; Forsyth…
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
- Gray v. NellisNew York Supreme Court · 1851
- Battersby v. CollierAppellate Division of the Supreme Court of the State of New York · 1898