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Civil Procedure Keyed to Marcus
Dyer v. MacDougall
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Plaintiff appeals from the granting of a Motion for Summary Judgment on the libel and slander counts in the complaint. The first count, which was not the subject of summary judgment, alleged that Albert E. MacDougall (Defendant) told the Plaintiff in front of a meeting of the Queensboro Corporation that Plaintiff was stabbing him in the back. The second count, which was also not the subject of the decision, alleged that Defendant wrote a letter to Plaintiff’s wife stating that the Plaintiff made false representations to clients and presented bills for work not done. The first of the counts that is subject to summary judgment, alleges that Defendant said to a lawyer that a letter sent out by the Plaintiff to shareholder of Queensboro Corporation was a blackmailing letter. The final count alleged that Mrs. MacDougall, Defendant’s wife who is also a Defendant, said to the Plaintiff’s wife that the Plaintiff had written and sent out a blackmailing letter. Defendants moved for summary judgment dismissing the second, third and fourth counts. Each of the Defendants denied the utterance of the slanders. Defendants filed an answer denying the defamatory utterances. The judge decided Defendant’s Motion for Summary Judgment, and dismissed the third and fourth count on the ground that upon the trial, the Plaintiff would have no evidence to offer in support of the slanders except the testimony of witnesses.
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