Lewis and Herrick v. . Chapman
New York Court of Appeals
Appeal from the Supreme Court. The action was for libel, and was tried at the Wayne circuit, before Mr. Justice Strong. At the trial it was proved that the plaintiffs were merchant tailors at Lyons, and the defendant a banker at the same place. A few days before April 19, 1851, the defendant received for collection, from Cromwell, Haight & Co., a mercantile house in New-York, a note for $100, payable on that day at his bank, and drawn by the plaintiffs.
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Appeal from the Supreme Court. The action was for libel, and was tried at the Wayne circuit, before Mr. Justice Strong. At the trial it was proved that the plaintiffs were merchant tailors at Lyons, and the defendant a banker at the same place. A few days before April 19, 1851, the defendant received for collection, from Cromwell, Haight & Co., a mercantile house in New-York, a note for $100, payable on that day at his bank, and drawn by the plaintiffs. There was conflicting evidence as to the payment of the note, which the plaintiffs took up at its maturity, giving: therefor their draft upon…
1Opinion of the Court
The principal questions in this case arise upon that portion of the charge by which the jury were instructed that the postscript to the letter of Sisson Chapman to Cromwell, Haight Co. was libelous, per se, and that, if they found the statement in the postscript to be false, their verdict must be for the plaintiffs.
Among other points made by the counsel for the defendant, it is insisted: First. That the language of the postscript is equivocal; that it does not necessarily impute to the plaintiffs any want of ability to meet their paper, but may have meant merely that the note was held over…
2Cases cited2 opinions
- Van Vechten v. HopkinsNew York Supreme Court · 1809
- Washburn v. CookeNew York Supreme Court · 1846
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- Klinck v. . ColbyNew York Court of Appeals · 1871
- Ashcroft v. . HammondNew York Court of Appeals · 1910
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