Andrews v. Woodmansee
New York Supreme Court
Demurrer to declaration. This is an action of slander for words spoken. The declaration contains seven counts. The plaintiff, after slating as introductory matter that the defendant signed a promissory note for $70 as surety for him to one Daniel Fancher, which was delivered to Fancher, and that the defendant intended to cause it to be suspected and believed by the neighbors of the plaintiff and other good and worthy citizens that the plaintiff was guilty of forgery or…
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Demurrer to declaration. This is an action of slander for words spoken. The declaration contains seven counts. The plaintiff, after slating as introductory matter that the defendant signed a promissory note for $70 as surety for him to one Daniel Fancher, which was delivered to Fancher, and that the defendant intended to cause it to be suspected and believed by the neighbors of the plaintiff and other good and worthy citizens that the plaintiff was guilty of forgery or accessory thereto, charged in the first count that the defendant in speaking of the note said, “ I never signed the note that…
1Opinion of the Court
By the Court,
Bronson, J.
The words laid in the first six counts of the declaration are not in themselves actionable, and can only be made so by such averments in relation to extrinsic matters, and the application of the words, as will show that the defendant imputed to the plaintiff a criminal offence. In such cases, the usual mode of declaring is to aver in the first place the existence of those extrinsic facts by reference to which the words become actionable; then, that the words spoken related to those facts, which part of the count is usually termed a colloquium; and lastly, by proper…
2Cases cited1 opinion
- Gibson v. WilliamsNew York Supreme Court · 1830
3Cited by14 opinions
- Christal v. CraigSupreme Court of Missouri · 1883
- Edwards v. San Jose Printing & Publishing SocietyCalifornia Supreme Court · 1893
- Lauder v. JonesNorth Dakota Supreme Court · 1904
- Petsch v. Dispatch Printing Co.Supreme Court of Minnesota · 1889
- Curry v. CollinsSupreme Court of Missouri · 1866
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