Bond v. Brewster
New York Court of Common Pleas
Appeal from trial term. An action for slander by Addison Curtis Bond against Charles Brewster. The alleged slanderous words set forth in the complaint are that defendant said of plaintiff: “We have not paid him any commissions. We have lent him money which he has not repaid. We have done printing for him for which no charge has been made.”
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Appeal from trial term. An action for slander by Addison Curtis Bond against Charles Brewster. The alleged slanderous words set forth in the complaint are that defendant said of plaintiff: “We have not paid him any commissions. We have lent him money which he has not repaid. We have done printing for him for which no charge has been made.” It is further alleged in said complaint that said words were spoken in answer to an inquiry as to whether commissions had been paid by defendant to plaintiff, and that the words above quoted were accompanied with “certain inflections of voice, glances,…
1Opinion of the CourtLarremore, C. J.
It is well settled that in actions for slander the words complained of “must be proved as laid,”, and that it is not sufficient to prove equivalent language. “Words to the same effect are not the same words. The plaintiff need not prove all the words on the record, yet he must prove so much of them as will be sufficient to sustain his cause of action.” 2 Phil. Ev. 97, quoted with approval in Fox v. Vanderbech, 5 Cow. 513. This same rule was applied in Olmstead v. Miller, 1 Wend. 506, which was a case in which special damage was alleged; the words declared upon not being actionable pe?- se. I…
2Cases cited2 opinions
- Olmsted v. MillerNew York Supreme Court · 1828
- Fox v. VanderbeckNew York Supreme Court · 1826