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Forsythe v. Durham

Erma Forsythe, an Infant, by Ray Forsythe, Her Guardian Ad Litem, Respondent, v. Harold F. Durham, Appellant

Forsythe v. Durham, 200 N.E. 674 (N.Y. 1936)
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Court
New York Court of Appeals · State Highest Courts
Decided
March 3, 1936
Judges
<italic>Per Curiam.</italic>
Citations
200 N.E. 674270 N.Y. 1411936 N.Y. LEXIS 1523

Opinion of the Court — Per Curiam

Per Curiam.

In this action for slander defendant is principal of a high school and plaintiff was a student therein. Defendant’s duty required him to communicate to the Board of Education the fact that rumors concerning plaintiff were circulated among the students and teachers. In so acting he was protected by a qualified privilege and is free from liability unless his conduct resulted from malice. That there was no actual malice is conceded. There is no evidence that defendant acted with a wanton and reckless disregard of plaintiff’s rights or otherwise than in good faith.

(Pecue v. West, 233 N. Y. 316, 322, 323 .)

The judgment of the Appellate Division and that of the Trial Term should be reversed and the complaint dismissed, with costs in all courts.

Crane, Ch. J., Lehman, O’Brien, Hubbs, Crouch, Loughran and Finch, JJ., concur.

Judgments reversed, etc.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

1939: 11959: 11962: 11975: 119392026peak 1939 · 1

Relies on it most ⓘ

  1. Teichner v. Bellan7 A.D.2d 247 (1959)
  2. Nunan v. Bullman256 A.D. 741 (1939)
  3. Bakhshandeh v. American Cyanamid Company211 F. Supp. 803 (S.D.N.Y. 1962)
  4. McAulay v. Maloff82 Misc. 2d 447 (N.Y. City Civ. Ct. 1975)

Most recent

  1. McAulay v. Maloff82 Misc. 2d 447 (N.Y. City Civ. Ct. 1975)
  2. Bakhshandeh v. American Cyanamid Company211 F. Supp. 803 (S.D.N.Y. 1962)
  3. Teichner v. Bellan7 A.D.2d 247 (1959)
  4. Nunan v. Bullman256 A.D. 741 (1939)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 1

DepthCaseCited by
Pecue v. West, 135 N.E. 515 (N.Y. 1922) 79

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