107 N.Y.S. 963 | N.Y. App. Div. | 1908
The action is to recover damages for slander, . The alleged slander relates to the plaintiff’s connection with the Cerro de Pasco Tunnel and Mining Company. The slanderous words alleged to have been uttered by the defendant of and concerning the plaintiff are as follows: ’ . '
“The Cerro de Pasco Tunnel and Mining Company (a company of which the plaintiff herein was then, and still is an officer) is a fake concern ; it is a strike against me (meaning the defendant) and my associates; that Cerro de Pasco Tunnel and Mining Company has no property, and it has ho mines, and is a fraud on those who have been induced, to. buy its stocks; .it is a. fake concern; its officers (meaning this plaintiff, among others) are frauds, blackmailers and liars, and have published false statements about, the financial condition, alleged property rights and business, of the company, and . the purpose of the - company is to blackmail me and .my associates . as owners of mines in Peru.”
The complaint contains seven counts, each alleging the utterance of the same slanderous words, but'-to different people'arid at different
A demand for affirmative relief is not essential to. authorize the
In so far as the ■ matters pleaded as a partial defense and by way of mitigation are not specific and definite charges, they relate to the motives of the plaintiff, to official action by the company with which she was connected or its officers in which she participated, or to printed or written matter prepared and issued, or caused to be prepared and issued by her and other officers of the company. It is not probable that any proof will be offered under these allegations which will take the plaintiff by surprise, or which she will not be as well prepared to meet as if defendant were required to furnish her a bill of particulars.
■ It follows that the order should be affirmed, with ten dollars costs and disbursements.'
Patterson, P. J., Ingraham,. Clarke and Scott, JJ., concurred.
Order affirmed, with ten dollars costs and disbursements.