Legal Opinion

McLaughlin v. Bascom

Supreme Court of Iowa

Decided June 19, 1874PublishedCited by 3 opinions

Appeal from Cli/nton Circuit Court. The petition alleges in substance that the defendant John Bascom’, and one L. Bascom,, executed and delivered to plaintiff a promissory note for a sum specified. That after the delivery of said note to plaintiff, he sold and delivered the same to one L. Holroyd, who afterward presented it to the defendant, J. Bascom, for payment.

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Appeal from Cli/nton Circuit Court. The petition alleges in substance that the defendant John Bascom’, and one L. Bascom,, executed and delivered to plaintiff a promissory note for a sum specified. That after the delivery of said note to plaintiff, he sold and delivered the same to one L. Holroyd, who afterward presented it to the defendant, J. Bascom, for payment. That said J. Bascom then and there said to L. Holroyd, in the presence of one O’Dell and divers other citizens of said county, looking at said note: “Who is C. Bascom? That ain’t my name; I never wrote it. - This note has been…

1Opinion of the CourtDay, J.

slander : ambiguous words. — It is tbe modern doctrine of many courts, and it is certainly now the established doctrine of /this eourt, that in actions of slander, if the words spoken are ambig- . † . . , uous, they must be construed m the sense m which they were understood by the hearers. And in such case the sense in which words were understood may be proved by witnesses, and is ultimately to be determined as a fact by the jury. 2 Starkie on Slander p. 52; 2 Greenleaf on Evidence, section 417, and cases cited; Barton v. Holmes, 16 Iowa, 252; Kenyon v. Palmer, 18 Iowa, 377; Hess v. Fockler,…

2Cases cited3 opinions

  1. Barton v. HolmesSupreme Court of Iowa · 1864
  2. Kinyon v. PalmerSupreme Court of Iowa · 1865
  3. Hess v. FocklerSupreme Court of Iowa · 1868

3Cited by3 opinions

  1. Wimer v. AllbaughSupreme Court of Iowa · 1889
  2. Craver v. NortonSupreme Court of Iowa · 1901
  3. Jackson v. FergusonSupreme Court of Iowa · 1917

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