Shoe & Leather Bank v. Thompson
New York Supreme Court
Appeal from an order overruling a demurrer to complaint. The plaintiffs, a banking incorporation formed under the laws of the State of New York, brought this action to recover damages for a publication made by the defendant in a paper called “ Thompson’s Bank Note and Commercial Reporter,” which stated that there were 50’s and 100’s of notes of the bank said to be counterfeits, and as the signatures on the genuine notes of the bank are engraved, the officers were in doubt as…
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Appeal from an order overruling a demurrer to complaint. The plaintiffs, a banking incorporation formed under the laws of the State of New York, brought this action to recover damages for a publication made by the defendant in a paper called “ Thompson’s Bank Note and Commercial Reporter,” which stated that there were 50’s and 100’s of notes of the bank said to be counterfeits, and as the signatures on the genuine notes of the bank are engraved, the officers were in doubt as to which were good. The complaint after setting out the above matters and the circulation of the paper, averred that…
1Opinion of the CourtClerke, J.
Words which are calculated to impair the credit, or in any way to affect the standing of a person in relation to his trade or business, are actionable per se, precisely like words importing a charge of having been guilty of a crime, or of having a contagious distemper. Thus, to say falsely of a merchant that a debt will be lost because he is unable to pay it, is perr se actionable. (Mott a. Comstock, 7 Cow., 654.) On being asked, were there any failures -yesterday, the defendant answered, “Rot that I know of, but I understand that there"' is trouble with the Messrs. S.,” who were merchants;…
2Cases cited2 opinions
- Sewall v. CatlinNew York Supreme Court · 1829
- Mott v. ComstockNew York Supreme Court · 1827
3Cited by10 opinions
- Reporters' Ass'n of America v. Sun Printing & Publishing Ass'nNew York Court of Appeals · 1906
- Ohio & M. Ry. Co. v. Press Pub. Co.U.S. Circuit Court for the District of Southern New York · 1891
- Arrow Steamship Co. v. BennettNew York Supreme Court · 1893
- Knickerbocker Life Insurance v. EcclesineThe Superior Court of New York City · 1871
- Knickerbocker Life Insurance v. EcclesineThe Superior Court of New York City · 1869
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