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Cohen v. Harper

144 N.Y.S. 1110 Court N.Y. App. Div. Decision date 1913-12-05 English

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p. 1110
COHEN v. HARPER.
(Supreme Court, Appellate Division, First Department.
December 5, 1913.)

Headnote

Appeal from Special Term, New York County. Action by Hermann Cohen against Edward L. Harper. From an order granting judgment on the pleadings, with leave to withdraw demurrer and plead over on payment of costs, defendant appeals.
Reversed, and motion denied.
John J. Valieant, of New York City, for appellant.
Benjamin F. Schwartz, of New York City, for respondent.

The words were not slanderous per se (Torres v. Huner, 150 App. Div. 798 , 135 N. Y. Supp. 332 ), and the innuendo was without force. The order should be reversed, with $10 costs and disbursements, and the motion denied, with $10 costs.