Tobias v. Harland
New York Supreme Court
Motion to amend narr. The declaration is in slander, for words spoken injurious to the plaintiff, as a dealer in , , 1 r i.i . , watches of a particular description. In the inducement in the declaration, and in the ac-eiiam clause of the capias, the plaintiff is alleged to be a manufacturer of watches, and that the words were spoken in reference to his trade and business, as such manufacturer.
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Motion to amend narr. The declaration is in slander, for words spoken injurious to the plaintiff, as a dealer in , , 1 r i.i . , watches of a particular description. In the inducement in the declaration, and in the ac-eiiam clause of the capias, the plaintiff is alleged to be a manufacturer of watches, and that the words were spoken in reference to his trade and business, as such manufacturer. From a commission to take testimony, just returned from Liverpool, it appears that the plaintiff is not the manufacturer of the watches spoken of, but that they are manufactured expressly for him, and…
1Opinion of the Court
By the Court,
Savage, Ch. J.
The plaintiff is entitled to amend, on payment of costs, especially, as otherwise his action will be lost by the running of the statute. The defendant has leave to plead anew.
2Cited by3 opinions
- Sackett v. ThompsonNew York Supreme Court · 1807
- Reed v. CowleyDistrict Court, N.D. New York · 1868
- Bogart v. M'DonaldNew York Supreme Court · 1801