Merritt Milling Co. v. Finlay

Clark, J.:

It is not necessary that we consider whether there was any evidence sufficient to go to the jury to support defendants’ counter-claim, for we concur with his Honor that the slander charged as the basis thereof was not a counter-claim that could be pleaded to this action.

The plaintiff complains that the defendants being indebted to it, accepted a draft drawn on them by the plaintiff and have failed to pay it. The defendants allege that the plaintiff slandered them as to their pecuniary standing, and injured their credit and business, and,seek damages therefor by way of counter-claim.…