New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1862-07-15
LAW INTELLIGENCE.
SUPREME COURT-SPEcfAL TgRs-JrIr Il-Before
Justice CIERKY.

SUPREME COURT-SPEcIL TgEs-JrIr 1l-Before
Justice CLERKE
IMPORTANT TO CORPORAL tOSs-A CORPORATION
MAY MAINTAIN Az ACTION FOR LIBEL.
The Snoe and Leather Bank sgt John Thompson -
Words which are calculated TO impair the credit
any way to affect the .tsdng Of areron In relation to
his business icouabc per- 81 precisely Ike words
importing charge Of havins been guilty oil c1ne or oil
having contagious disienper ,,.,
Thus 10 say falsely OF merchant that debt will De lost
because he j. unable to pay L pc, aciona0e Mott sst
Com',ocs, Cowen, oat On pens asked were theTs any
know Of but unde,tand that there is trouble VITA The
Mesus g. who were merchants; held that the w9tss psls
spoken Of the plaintiffs merchants were sctonaols toe
The which could quote legion The defendant
the publisher Of Ihonpsyrs bank N0e and ComMerfm ne
porttrs paper having large alton among the inhsb'
ants ofLe City ard State Of Newiork AID other cities ana
lie is charged IN the complaint with having published in this
paper several items msnifesty eauised TO aec, ne PLAIN
Intelligence contained Ia ], are the following;
We would observe to those Interested that we see no
reason Why he sh'e sa s, n-9yi,nS 10 o"ae
the Merchants Bank Trenton. was Informed tina; legal
proceedings against the Shoe and Leather Bank were already
under adyisemett' -,
Thee words being clearly calculated to impair the cred.
aud affect tie standing OF any backing WONG BEYOND
all question be scone1e cr " 'p re or written OF an IN
didua without the necessity 81 proving special datnsge IN
other words would be sciionabie per 81 they were pup
lsned in relation to any nnaueia etao'hent not ihc''
porsed.
Wall street, would remedy fsr damage with
out any allegation Of special damage ~,
he ion u,
remedy ia not equally available in favor OF banking sttu
ton which IL Incorporated .
1t Is remarked by TIE defendanp' counsel In HI. briei 10
support the demurrer 10 the complaint that he could hnd
precedent N favor Of the plaintiffs claim and IN The report
Of in New Jersey. involving tho same question IS
affirmed tina, tn Court could fad no precedent ana thst ne
oracle dumb.
have not myself be.n adj, to find any reported Of an
seton by corporation aggregate ior the puDca
ton words affecting its credit although tile Temporary ~
under which labor prevents me from making nat
thorough search which tho mportance OF the subject requires
But happily, our system OF urspTudsnce does not reader
Necessary that precisely similar should be found IN me
books to authorize courts OF justice 10 NfSe 81 coneu
i. would be q, v,ri,nce with the spirit and nature Of tbs.
hesitate for the want OF precise pfece lieut. vhen
able to have recourse to ats general pnciPe' these
not dumb"
capable ofprse,ic application, than that there 10 no wrong
H..e no, established for the pur
pose Of tran acting busnr complete right to legal pro
iecon any individual against any wrong Affecting their
The makes distinction. which have ounda
ton Ia reason OF necesy OF eA.' t Is tno dictate OF he
from which our law derived although 10 some
points distinction, without difference msy hsse
been sanctioned Bat the present period does not favor d
tncous this character An institution
titled am protection n entitled to protection Tor ITS bust
4, i rrcosred by the Law as being engaged in busise
ADD being OF This recognition to i'-
rights in these respect, i As sfeetasi and " IN ne
Of private indisidua. Aud would be very Illogical {"
suppose. because corporations hsye more limited rsh hau
nvdus, that with regard to the right, Watch they do pos
SEES they have not the remedies a. individual.
And repeat that the law has conferred On business corpo
raons vol IA on Individual banker or merchants thr
Of protection ss,nss aaeeng Their business
heeiore think that the plaintiff rish. to maintain
tli, action without setting out any specific damage
TIE eclons raised by the demurrer are equally IN
teusbe.
Tho den urrer be oyeruled with cost. with leave
the defendant TO answer Ia twenty days.
Robert ". Andrews aid D. X. steele for Plaintiff; Hu,
Courtney and Mcneil for defendant
CHAxBkRs--IuLY IL Before Justice ClERKE
IHE LIQUOR CASES.
Joseph Hart ast. Superintendent Kennedy ct al
Ia this case will be remembered ha, order Of arrest
axsiut the d.fe1 du Prior to the day for the
sheriff to mske biz return Mt A. Osley Hall Obtained
extension OF time and stay Of pocsedng- for twenty dsys
from under civil process.
M Cunning Bedford moved for vacation OF this order
could only obtain sn extension Of ne som nun % 'he
Court ~ sppe>rlbg $. counsel for the sheriff
The Court took the pafefs ana ry.efN 90 re deus
Mr. Hall has taken out wits OF ceora tor the purpose OF
bringing before the General rerm the d John Oser
suno.y Lqaor law decided by Rec order Hoffman aud Jo
s-ph Hart .ge bcer) decided by Judge Barnard These
cases will be argued 81 the September term.
DECISIONS.
Charles II. Hart agt John S. Mls-Default
opened the pat to pay q. thS sG:, .sa .eeIad On and
Barton h. ClaiA ct al ast Newell thanoeFiIn-mohon Tor
reference granted. coss TO abide event.
II. n McQnsid Receiver asi Andrew Wh'loek, eisl,
Motion for s.chent granted motion for new .A denied
In matter OF petition Of Wkemsnn e. al for leave
10 se-Appcs,iou denied 10 confirm report OF referee with
stay OF proceeding un tho matter ,hal be- heard o. the
General Term
SUPERIOR COURT-SPscr,L TsRx-Jrrr N-Before
Justice MCNEIL.
DECISIONS.
John III. Lopez agt David l.. Loper.--Motion TO
dissolve INJUNCTION granted with 70 costs. . 49,
Alice Gay John Reynolds Motion granted with no.
ery the plaintiff to apply fo another order o. Arrest upon
A. 80 tays n g. ID