Sutliff v. . Lunsford
Supreme Court of North Carolina
Appeal from the Superior Court of Law of Johnston County, at the Spring Term, 1848, his Honor Judge Caldwell presiding. This is an action of slander, in which the words laid in the declaration are “ he has forged my name to a note.” Plea — Not guilty.
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Appeal from the Superior Court of Law of Johnston County, at the Spring Term, 1848, his Honor Judge Caldwell presiding. This is an action of slander, in which the words laid in the declaration are “ he has forged my name to a note.” Plea — Not guilty. The case states that, on the trial, a witness for the plaintiff gave evidence, that in a conversation between the witness and the defendant, respecting the plaintiff, the defendant said either “ he has forged my name to a note,” or, “ he has forged my name on a note, and has gone to the South and I believe will not come backbut whether it was…
1Opinion of the CourtRuffin, C. J.
The Court is under the necessity, though reluctantly, of affirming the judgment.
It is easy to conceive, that the constable may have given to the defendant, who was then sick a bed, and might not have read the paper, or been in a condition to judge for himself, such information as to the tenor of the endorsement and the hand-writing, as would leave no doubt on the mind of the defendant, that the words were written by the plaintiff, and purported to be an assignment of the note by the defendant to the plaintiff. That probability is rendered quite strong by the circumstance that the witness…
2Cited by1 opinion
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