Alexander v. Alexander
New York Supreme Court
This was an action of slander, tried at the Madison circuit in October, 1830, before the Hon. Nathan Williams, one of the circuit judges.
Read the full summary
This was an action of slander, tried at the Madison circuit in October, 1830, before the Hon. Nathan Williams, one of the circuit judges. The declaration charged that the defendant, intending to subject the plaintiff to the pains and penalties by the laws and statutes of the state made and provided against those who commit any kind of felony, forgery, fraud, trickery, cheating or deceit, on, &c., at, &c., in a certain discourse of and concerning the plaintiff, spoke and uttered in the presence and hearing of divers citizens, the following words: “ He forged my name, and I can put him in the…
1Opinion of the Court
By the Court,
Sutherland, J.
I am inclined to think the plaintiff was improperly nonsuited ; that the forgery alleged in the declaration to have been charged by the defendant upon the plaintiff is not to be understood as meaning necessarily and exclusively & felonious forgery, punishable as such ; but such a forgery as would subject him to criminal punishment of some description, if he had in fact committed it. In som *143of the counts some of the words are simply, that Jonathan had been guilty of forgery, without the accompanying declaration that the defendant would or could send him to the state…
2Cited by5 opinions
- Pollard v. LyonSupreme Court of the United States · 1876
- Crawford v. WilsonNew York Supreme Court · 1848
- Wright v. PaigeNew York Supreme Court · 1862
- Wright v. PaigeNew York Court of Appeals · 1867
- Young v. MillerNew York Supreme Court · 1842