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and bonds of said corporation, purporting to have been made, created and issued by said corporation, and to have sold and pledged the same, and converted fraudulently to his own use the proceeds therefrom, and to have secretly fled to places unknown, and absconded, to keep himself concealed for the purpose of avoiding the disgrace, danger and punishment of his fraudulent and wrongful acts, committed as aforesaid, and such reports were printed in the public newspapers, and extensively circulated throughout the said city and elsewhere.
That previous to the aforesaid day, divers other persons, officers and managers, and persons concerned in the management of the Parker Vein Coal and Mining Company, and of the New-York and Harlem Railroad Company, were reported to have abused their trusts, and to have fraudulently issued, or caused to be issued, certificates of stock in said companies, over and above, and in addition to, the certificates of stock which the said companies were by their charters allowed to issue, and to have used such illegal and fraudulent scrip or certificates of stock for their own advantage, to the great damage of many innocent persons, and the injury of the public credit. which reports were in like manner printed in the newspapers, and extensively circulated. '
" Though by the Code the averment of extrinsic facts is no longer necessary to show the application of the words charged to the plaintiff, yet it is still necessary to aver, by way of inducement, any extrinsic fact necessary to show the words charged to be libelous. (Culver o. Van Anden, 4 Abbott, 375; Blaisdell v. Raymond, 14 How., 265; Caldwell v. Raymond, 2 Abbott, 193, and see note, ante, p. 463.)
The complaint in an action for libel, for words not on their face libelous, must distinctly aver the extrinsic fact on which plaintiff relies to show the alleged libelous character of the words complained of, and it is not sufficient that this fact is alleged by way of inuendo. It must show that the defendant had actual knowledge of the particu
That the false, defamatory and malicious libel above mentioned was published by the defendant of and concerning the plaintiff, and of and concerning him as manager, trustee and president of the Empire Stone Dressing Company, and of and concerning the embezzlement, fraud and flight of the said Schuyler, and of and concerning the frauds, fraudulent over issue of stock, and the matters and things hereinbefore set forth.
That the said libel was in the words and figures following, to wit: “More Schuylerizing (meaning that frauds and embezzlements, fraudulent and wrongful acts, like those committed by said Schuyler, had been committed by the plaintiff). Charles T. Shelton (the plaintiff meaning), president of the Empire Stone Dressing Company, (meaning that plaintiff had been, and was at that time, president of said Empire Stone Dressing Company), non est inventus; he has left for parts unknown; gone into the country for his health. An overissue of stock, to the amount of $100,000, has been discovered (meaning that the plaintiff had wrongfully, fraudulently and secretly fled and absconded to places unknown, to avoid the danger, shame and punishment of his fraudulent acts, and that the plaintiff had wrongfully and fraudulently issued, or caused to be issued, certificates of stock in said company, over and above, and in addition to, the certificates representing the lawful capital stock of said company, and that such wrongful and fraudulent issue had been
lar extrinsic fact relied on, and it is not sufficient to allege that the words were published "falsely and maliciously.” So held in Caldwell v. Raymond, (2 Abbott, 193,) by JAMES, J.
" It is not necessary in a complaint for libel to set out the whole of the obnoxious publication, but the pleader may extract only particular passages complained of, provided their sense be clear. (Culver 0. Van Anden, 4 Abbott, 375; see, also, Pleadings, 271-273, and cases there cited.)
detected). “Paper to the amount of $50,000 was protested yesterday. The liabilities of the company amount to $95,000. This has been known as "crack stock' in the market, having sold as high as 130, and having paid 20 to 30 per cent dividends for the past two or three years."
And this complaint further sets forth, that by reason of the printing and publishing of said false, malicious, slanderous and defamatory words, the said plaintiff has sustained great injury to his good name, fame, credit and character, to the damage of said plaintiff of $20,000.
Wherefore the plaintiff demands judgment against the defendant for said sum of $20,000, with costs.
SANFORD & BRACE,
For a libel against a coroner, and for verbal slander.'
SUPREME COURT-GREENE COUNTY.
Edwin P. Green
agt. William Telfair.
The plaintiff shows to this court that on the 4th day of March, A. D. 1852, at Cairo, Greene county, and for a long time prior thereto, the said plaintiff had used and occupied, and still holds, and ever since that time has
A cause of action for libel may be joined with a cause of action for slander, both being for injuries to character. (Code, $ 167, subd. 4.)
been, and still is in the situation of keeper of the Greene county poor-house and buildings connected therewith, and had been employed by the superintendents of the poor
of said county as such keeper aforesaid, and in such employment has been and was deriving profits and emoluments for the support of himself and family.
That said superintendents of the poor had vested in the plaintiff, as such keeper, the power of governing said county house and superintending its general management; and it became and was the duty of the said plaintiff to provide reasonable and kind attention for all such infirm and invalid
paupers as were in and about said house, and to furnish care, attention, bedding and all things necessary and suitable for their comfort.
That on the 4th day of March last, one Rebecca Southard, a pauper, and an invalid inmate of said poor-house, was found dead in the said county house, or in a building called the hospital, connected therewith, under the care of said plaintiff, as keeper aforesaid.
That said plaintiff had always conducted himself with skill, attention, care and vigilance as such keeper.
That the said defendant, well knowing the premises, but intending to injure the said plaintiff in his said employment and business, as keeper aforesaid, and to cause it to be suspected and believed that he, the said plaintiff, had conducted himself negligently, carelessly and improperly, as such keeper, on the 11th day of March, A. D. 1852, at Catskill, Greene county, published a certain false and defamatory libel of and concerning the said plaintiff
, in respect to his business and employment as such keeper, and of and concerning his conduct as such keeper, and of and concerning the cause which produced the death of the said Rebecca Southard, in the form of a coroner's inquest, which said libel is substantially as follows: ( Here set forth the finding of the jury, containing the alleged libel, signed by the jurors and coroner, to the effect that the said Rebecca Southard was an invalid, confined in one of the cells of the poor-house, and came to her death in consequence of cold in her cell, and of a want of sufficient clothing, bedding and proper care and attention. )
And the plaintiff avers that, by the false libel aforsaid, the defendant meant to be understood that the killing of Rebecca Southard was occasioned by the culpable negligence of the said plaintiff in confining her improperly in a cold cell of the said county poor-house, and not furnishing her with sufficient clothing, bedding and proper care and attention, and that the said libel was so understood by those in whose presence and hearing the said libel was published; by means whereof the plaintiff is suspected to be guilty of the crime of manslaughter, and has been otherwise greatly damaged in his reputation and in his said business.
2d. And for a second and further cause of action the plaintiff shows, that on or about the 1st day of April, A. D. 1852, at Cairo aforesaid, the said defendant, in a certain discourse which he, the said defendant, then and there had in the presence and hearing of divers good and worthy citizens, of and concerning the said plaintiff, and of and concerning his said business as keeper of the county poorhouse, and of and concerning the cause of the death of Rebecca Southard, falsely and maliciously spoke and published the several false, scandalous, malicious and defamatory words following, viz: “She (said Rebecca meaning) died from Green's (said plaintiff meaning) neglect;" "she froze to death;” “it ought to be published, and I will publish it;" "some people will have it she did not freeze to deathI know she said Rebecca meaning) froze to death;” “he (said plaintiff meaning) starved the paupers to death;"