Mott v. Comstock
New York Supreme Court
Motion in arrest of judgment, founded on the insufficiency of the 5th count in the declaration. This was in slander. The first count recited, that before, and at the time of publishing the slander, the plaintiff was and bad been a merchant, and sought his livelihood by buying and selling goods, wares and merchandize, as others of that i,,- , , . _ trade and business usually do; that he was m good credit, &c., and averred that the defendant, knowing the premises, in a…
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Motion in arrest of judgment, founded on the insufficiency of the 5th count in the declaration. This was in slander. The first count recited, that before, and at the time of publishing the slander, the plaintiff was and bad been a merchant, and sought his livelihood by buying and selling goods, wares and merchandize, as others of that i,,- , , . _ trade and business usually do; that he was m good credit, &c., and averred that the defendant, knowing the premises, in a conversation with divers good and worthy citizens, of and concerning the plaintiff, and of and concerning his business as such…
1Opinion of the Court
Curia, per Savage, Ch. J.
The count in question avers
that the words, “ There is poor Harris; it is hard for him to lose his debt,” were spoken in a conversation concerning the plaintiff as a merchant, and of his business and the state of his circumstances, and of a sum of money due by him to Harris ; innuendo, that the plaintiff was insolvent, *and unable to pay the debt, and that Harris would lose it in consequence of the plaintiff’s insolvency. [1] After ver*658diet, we must intend that the words were spoken with the meaning imputed by the innuendo, which, we think, is the *658-1only meaning that…
2Cases cited1 opinion
- Van Tassel v. CapronCourt for the Trial of Impeachments and Correction of Errors · 1845
3Cited by8 opinions
- Woodruff v. . Bradstreet Co.New York Court of Appeals · 1889
- Gaither v. Advertiser Co.Supreme Court of Alabama · 1893
- Simons v. BurnhamMichigan Supreme Court · 1894
- Shoe & Leather Bank v. ThompsonNew York Supreme Court · 1865
- Mains v. WhitingMichigan Supreme Court · 1891
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