Sewall v. Catlin
New York Supreme Court
This was an action of slander tried, at the New-York circuit in October, 1827, before the Hon. Reuben Hyde Walworth, then one of the circuit judges. The declaration alleged special damage.
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This was an action of slander tried, at the New-York circuit in October, 1827, before the Hon. Reuben Hyde Walworth, then one of the circuit judges. The declaration alleged special damage. The first witness called by the plaintiff was Samuel Whittemore, who testified that early in the morning of the fifteeenth day of September, 1825, he met the defendant in the street, and put to him the question which was then very common, “Were there any failures yesterday 1” (failures being very frequent in those days in consequence of the rage for cotton *■ •' * ° speculations,) to which the defendant…
1Opinion of the Court
By the Court,
Sutherland, J.
The defendant was not justified in speaking the words in question on the ground that he and the witness to whom they were [addressed were both directors of the same bank. They were not spoken at the board of directors with a view of communicating information, which might properly influence the operation of the board. A bank director would undoubtedly be justified in communicating to his associates any report which he might have heard in relation to the solvency or circumstances of the customers of the bank, or probably of any other person. The legal presumption…
2Cited by12 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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