Public-domain · open source
OpenJurist

270 N.Y. 141

200 N.E 674

Forsythe v. Durham

New York Court of Appeals

Decided March 3, 1936

New York Court of Appeals · decided 1936-03-03

Relies on Pecue v. . West

Good law ✅— No negative treatment on recordhow we know

Decided 1936-03-03

How this case has been cited

Cited by 7 later decisions — most recently August 1975

5 state decisions

3019361940195019601970decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

View the full empirical analysis of this case →

Per Curiam.

¶1 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.)

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

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

¶4 Judgments reversed, etc.

/270/ny/141 · .json · Public domain