44 N.Y.S. 81 | N.Y. Sup. Ct. | 1897
The plaintiff attended a public sale August 16, 1894, at which the defendant was auctioneer. The plaintiff bid $500 on certain property, and handed the defendant his card, whereupon the defendant, according to the plaintiff’s testimony, said: “You can’t have this property. You are an irresponsible person. I have done business with you before.” And according to the testimony of the plaintiff’s witness Bach, the defendant said: “I don’t want to take your bid. I have had business relations with you before, and they were not satisfactory. I don’t consider you are a responsible man.” The property was again put up, and bid in by another at the same price, and the sale closed. The complaint charges that the words were uttered maliciously, but there is no proof upon that subject. “The cases of actionable slander were defined by Chief Justice De Grey in the leading case of Onslow v. Horne, 3 Wils. 177, and the classification made in that case has been generally followed in England and this country. According to this classification, slanderous