Gorham v. Ives
New York Supreme Court
DemuiIrer to pleadings. The action is slander. In the commencement of the declaration it is averred that the defendant had become possessed of a promissory note, hearing ¿[ate the 27th August, 1825, made by William Erwin and James Erwin, payable to William McMurray or order, for payable four months after date, v>ith interest from «Iate, (the latter words being interlined,) which had been endorsed to the plaintiff, and who had collected the amount.
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DemuiIrer to pleadings. The action is slander. In the commencement of the declaration it is averred that the defendant had become possessed of a promissory note, hearing ¿[ate the 27th August, 1825, made by William Erwin and James Erwin, payable to William McMurray or order, for payable four months after date, v>ith interest from «Iate, (the latter words being interlined,) which had been endorsed to the plaintiff, and who had collected the amount. In the second count of the declaration it is alleged that in a ■certain discourse which the defendant had with Elias R. Par-melee and divers other…
1Opinion of the Court
By the Court, Sutherland, J.
I am of opinion that both counts are good. The words used by the defendant necessarily imply, when taken in connection with the colloquium, that the words with interest from date had been forged and added to the note after its signature; and the inquiry by the defendant in the 2d count of Parmelee, “ If he did not think the addition was in Gorham’s hand writing,” and his declaration in the 3d count that he had shewed it to some persons who"said “-the addition was in Shubael Gorham’s hand writing,” leave no reasonable doubt that it was the intention of the defendant…
2Cited by10 opinions
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- Blickenstaff v. PerrinIndiana Supreme Court · 1867
- Pike v. Van WormerNew York Supreme Court · 1850
- Lewis v. HudsonSupreme Court of Georgia · 1872
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