Kavanagh v. Thomas

Appellate Division of the Supreme Court of New York

Kavanagh v. Thomas

218 A.D. 780

CourtAppellate Division of the Supreme Court of the State of New York

DecidedNovember 15, 1926

StatusPublished

Cited by2 cases

This text of 218 A.D. 780 (Kavanagh v. Thomas) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Kavanagh v. Thomas, 218 A.D. 780 (N.Y. Ct. App. 1926).

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Opinion

Order dismissing complaint for insufficiency, and judgment entered thereon, reversed upon the law, with costs, and motion denied, with ten dollars costs. We think that the matters alleged in the second and third paragraphs of the complaint import an accusation of the crime of adultery which the defendant is alleged to have spoken of and concerning the plaintiff. The allegation is that defendant “ publicly stated ” this charge. Such an allegation “ imports an utterjng of the words in the presence and hearing of others.” (Duel v. Agan, 1 Code Rep. 134; Townshend Sland. & Lib. [4th ed.] § 324.) As to the matters alleged in the fourth paragraph of the complaint, we are of opinion that they do not constitute slander per se, but as the order and judgment appealed from dismissed the complaint in its entirety, we leave the parties to take such action with reference thereto as they may be advised. Kelly, P. J., Jaycox, Manning, Young and Kapper, JJ., concur.

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Order dismissing complaint for insufficiency, and judgment entered thereon, reversed upon the law, with costs, and motion denied, with ten dollars costs. We think that the matters alleged in the second and third paragraphs of the complaint import an accusation of the crime of adultery which the defendant is alleged to have spoken of and concerning the plaintiff. The allegation is that defendant “ publicly stated ” this charge. Such an allegation “ imports an utterjng of the words in the presence and hearing of others.” (Duel v. Agan, 1 Code Rep. 134; Townshend Sland. & Lib. [4th ed.] § 324.) As to the matters alleged in the fourth paragraph of the complaint, we are of opinion that they do not constitute slander per se, but as the order and judgment appealed from dismissed the complaint in its entirety, we leave the parties to take such action with reference thereto as they may be advised. Kelly, P. J., Jaycox, Manning, Young and Kapper, JJ., concur.

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Bluebook (online)

218 A.D. 780, Counsel Stack Legal Research, https://law.counselstack.com/opinion/kavanagh-v-thomas-nyappdiv-1926.

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