Forrest v. Hanson
District Court, District of Columbia
Action on the case for words. The plaintiff declares that being a director of the Bank of Columbia, the defendant, on the 1st of June, 1801, in a certain discourse had concerning the plaintiff, as one of the directors, &c., spoke the following false, scandalous, &c., words, of him, as a director, &c., “ General Forrest is a liar and a swindler, and I can prove him to be so.
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Action on the case for words. The plaintiff declares that being a director of the Bank of Columbia, the defendant, on the 1st of June, 1801, in a certain discourse had concerning the plaintiff, as one of the directors, &c., spoke the following false, scandalous, &c., words, of him, as a director, &c., “ General Forrest is a liar and a swindler, and I can prove him to be so. I, as cashier, say so of one of the directors, and I think one or the other of us ought to be turned out of the bank.” The 2d count states also the words liar and swindler (with this innuendo,) meaning that the said Uriah…
1Opinion of the CourtCranch, J.
In this case, it is not necessary to consider whether the words would be actionable in themselves, if not spoken of a person who exercises an office of trust, because the plaintiff has grounded his action upon the speaking of the words respecting him in his.official character as a director of the Bank, and the words are alleged to be spoken of his official conduct. The question then is, whether these words, spoken of the official conduct of a person who holds an office of trust, are actionable ? There is no doubt that words not actionable when spoken of a common person, may become actionable…
2Cited by2 opinions
- Mozie v. Sears Roebuck and Co.District of Columbia Court of Appeals · 1993
- Silverman v. Central Amusement Co.District Court, District of Columbia · 1943