Hull v. Vreeland
New York Supreme Court
Appeal from an order for judgment on demurrer. The complaint in this action which was by Sheldon A. Hull against Stephen Vreeland, after describing certain promissory notes which he alleged the defendant had made and delivered to him, averred that in Jersey City, in presence and hearing, &c., the defendant spoke “ these words, viz.: That he, the plaintiff, had falsely and feloniously forged his,” the defendant’s, “ name to the said notes.” * * * “And for a further and…
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Appeal from an order for judgment on demurrer. The complaint in this action which was by Sheldon A. Hull against Stephen Vreeland, after describing certain promissory notes which he alleged the defendant had made and delivered to him, averred that in Jersey City, in presence and hearing, &c., the defendant spoke “ these words, viz.: That he, the plaintiff, had falsely and feloniously forged his,” the defendant’s, “ name to the said notes.” * * * “And for a further and separate cause of action,” averred that “the defendant went before the grand jury of Hudson county, in the State of New…
1Opinion of the CourtSutherland, J.
Without meaning to express an opinion, that in all cases a cause of action for slander can be properly united with a cause of action for malicious prosecution, I am of the opinion that the two causes of action set forth, or intended to be set forth, in the complaint in this action, both arise within the meaning of section 167 of the Code, out of injuries to character, and that, therefore, they were properly united in the same complaint.
The plaintiff must have judgment on the demurrer, with costs, with liberty to the defendant to answer in twenty days on payment of costs.
From the order entered…
2Cases cited2 opinions
- Getty v. Hudson River Rail RoadNew York Supreme Court · 1852
- Alger v. ScovilleNew York Supreme Court · 1851