MOORE v. WARING

No. 16, Docket 22365.

200 F.2d 491 (1952)

MOORE v. WARING.

United States Court of Appeals, Second Circuit.

Decided December 4, 1952.


Attorney(s) appearing for the Case

William J. Rapp, New York City, for plaintiff-appellant (Robert A. Siebert, Pierce V. Brennan and William J. Rapp, New York City, of counsel).

O'Brien, Driscoll & Raftery, New York City (Arthur F. Driscoll, Edward C. Raftery and Milton M. Rosenbloom, New York City, of counsel), for defendant-appellee.

Before SWAN, Chief Judge, and L. HAND and FRANK, Circuit Judges.


FRANK, Circuit Judge.

In this suit for slander, the complaint alleged that, in the presence of the members of defendant's musical band, defendant had called plaintiff a "slimy reptile," a "scurvy rat," a "son-of-a-bitch," and a "traitor," and had charged defendant with perjury. Defendant admitted all the non-perjury statements. As to the perjury statement, he denied and, in the alternative, pleaded truth as a defense. The evidence showed that the "traitor" charge...

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