Forsyth v. Edmiston
The Superior Court of New York City
Demurrer to a complaint. This was an action of slander brought by William R. For-syth against John Edmiston and James Edmiston. The complaint stated three causes of action.
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Demurrer to a complaint. This was an action of slander brought by William R. For-syth against John Edmiston and James Edmiston. The complaint stated three causes of action. The third count of the complaint alleged that the defendants, with intent to injure the credit of the plaintiff and to impair his business, &c. — did falsely and maliciously utter in the bearing and presence of sundry merchants and other citizens, “ certain false and defamatory words and statements of the following tenor and import, and to the following effect, that is to say, that his, the plaintiff’s credit, was gone;…
1Opinion of the CourtSlossoN, J.
I think the demurrer well taken in this, that the expressions charged to have been spoken, are not alleged to have been the identical words spoken, or even as in substance the words spoken which, perhaps, would be good, but as words and statements of a certain tenor, import, and effect, which is bad. (Maitland v. Joldney, 2 East., 427; Cook v. Cox, 3 Maule & S., 110; Ward v. Clarke, 2 Johns. R., 10).
As a general rule an action of slander will not lie against two, though an action for composing and publishing a libel may. (Chitty's Plead., 74; Bul. N. P. 5; Johns. R. 32).
Whether, where the…
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