Thorn v. Moser
Court for the Trial of Impeachments and Correction of Errors
Slander for words imputing forgery, tried before Kent, late C. Judge, at the New-York circuit, in January, 1844. On the trial it appeared that a forged check had been passed to the defendant and his copartner in. business, in payment for goods sold by them to a person who called himself Captain Wait, they. advancing in money the difference between the amount of the goods and the check.
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Slander for words imputing forgery, tried before Kent, late C. Judge, at the New-York circuit, in January, 1844. On the trial it appeared that a forged check had been passed to the defendant and his copartner in. business, in payment for goods sold by them to a person who called himself Captain Wait, they. advancing in money the difference between the amount of the goods and the check. This action was brought for charging the plaintiff with being guilty of the crime of forgery in passing the check. One Leonard, a witness for the plaintiff, testified that he was a connection of the plaintiff…
1Opinion of the Court
By the Court, Beardsley, J.
The jury were instructed by the judge, that if the witness, Leonard, had been authorized by the plaintiff to investigate the slanderous charge previously made against him by the defendant, what was said by the latter to the witness in the course of that investigation was privileged, and for it no action would lie. As no exception was taken to this part of the charge, we are not required to express any opinion upon it, and I pass it by with the remark, that although the defendant could not well complain of it as prejudicial to his side of the case, it must receive…
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- Cornelius v. CorneliusSupreme Court of Missouri · 1911
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