Anderson v. Hart
Supreme Court of Iowa
Appeal from Page District Court. TnE petition states tliat the defendant published of and concerning the plaintiff the following false and malicious and defamatory libel: “John Hart, being duly sworn, deposeth and saith that a note presented to him by Hiram Larrabee, in favor of J. L). Larrabee, with Allred Anderson’s name and mark, C. J. Gustafson and Jolm Hart’s names, is a note he knew nothing about, and the name John Hart was not written by him or his order, and…
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Appeal from Page District Court. TnE petition states tliat the defendant published of and concerning the plaintiff the following false and malicious and defamatory libel: “John Hart, being duly sworn, deposeth and saith that a note presented to him by Hiram Larrabee, in favor of J. L). Larrabee, with Allred Anderson’s name and mark, C. J. Gustafson and Jolm Hart’s names, is a note he knew nothing about, and the name John Hart was not written by him or his order, and therefore is a forgsi'y.” The defendant pleaded a general denial, justification, and that the libel was a privileged…
1Opinion of the CourtSeevers, J.
The libelous communication was introduced in evidence, and there was evidence tending to show that Larrabee, the agent of the holder of the note, spoke to defendant about it, and that the latter informed him that he had never signed it. The affidavit was prepared at the instance of Larrabee, for the purpose of establishing, as he testified, whether or not the defendant had signed the note. Larrabee desired to know this fact. When on the stand as a witness he was asked by the plaintiff a question in these words: “ To whom did you understand this affidavit to refer? to what person?” The witness…
2Cases cited4 opinions
- Van Vechten v. HopkinsNew York Supreme Court · 1809
- Gibson v. WilliamsNew York Supreme Court · 1830
- Prime v. EastwoodSupreme Court of Iowa · 1877
- Dixon v. StewartSupreme Court of Iowa · 1871
3Cited by4 opinions
- Peak v. TaubmanSupreme Court of Missouri · 1913
- Quinn v. Prudential Insurance Co. of AmericaSupreme Court of Iowa · 1902
- Overstreet v. New Nonpareil Co.Supreme Court of Iowa · 1918
- People v. MyersIllinois Circuit Court · 1908