, 1869-07-24
Clrcutt Court mt 0ttaWas
~ Our Spteial Reporter

---.-... ..- OTTAWA JQlE =
The case OF Charles J. 1so7schcntrs Y. Scls
Scisor, Jr., and kate Nelson, hls wife, Ia Au &C.
,len s,nu for s!aEdss. Terminated this week. and
Bof1chenias Is general merchant, doing basi-
ness at AiAsior. IN the State OF IIInoIk In hts
kcer.ngsioek On hand to the extent Of $40 900 that
up to tnenonth Of September. lsd1, he nld been
The oily stortkeepcr there and VAS Postmaster;
opened . store IN the Aame place th4s NJ. Nelson
End some Others. ob}ecstn2 10 hts selling whstey
and oeer o., tle lretnsses consp,sed 2 MUIR. him
in his reputation and business, thot through their
representations he was crentually dismissed from
tic postra*teEsL!r, AMI thai, 1nAly, On Chnttnas
colxue e5 xseY % =. u ps Of iS tas deeo,auous @ % os
Mr1. Hehon and Mra Peasron. in ! day or
iorsh IN thc declaration and in,tsueions he
case derives its importance from the legal con-
ssIrcton put upon SaEtons ronta n H. Entner THIN
TIE declaration sets forth that the plaintiff had,
for several year., been dong business a 1net-
cEaEt, In the toxin OF Mission, and had always
III "a Iaure him In his sbuApcsA-a1d. In tho pres
cEc. OF Others, that he rAs tasc1l flllLn, and
as as sn ena aa a.. Il
divers re,bon1 have refused 10 haTs any deal
tnEs or intercourse with him, In consequences or
The declxra!ion did not specifically Dame any Of
the rarties who bad fciOseu u tFa1c With h4n-
The defendant r!cal tho general aSuf- NJ.
Gray, for plAlntIn, insisted that, although nesc
were not 1e:lunao!e wnrds pr y, ret Nhto spoken
OF q merchant concEs7lng his business. they weEa
acs'olahle wofds, II tnc speaker meant 70 IN
ruse dishonesty IN his business Al merchant
and 70 TO hare her hearers undc-1taad It: fhAt
IL such II not necessary TO alttc so1ctAl
damage, tut the plaintiff WIS entitled 70 recover
damages thc satuc as II the NosIs were IN law
aeuohAbt peT x, and thai consequently II VAs
no, .1; ns'pl tor e e n.ns .pesa1y tho per-
Mt. CooE, for defendant, m1intalned that the
Wnfns wcFa not acuouaolt nj law, and were only
ncaon1lle whcu coupled With the declarations Of
the speAke! that he Was villain. Y1scu and
chea1cE IN his basaness: the application must be
made II that way. directly, II TAO timn tho Wosdz
were uttestd, or IN connection with them.
He also Insisted That n sucn casea the p.ann6
could Only recover special damages. and WIS
bound TO AI}efr special damages ID rnc decsarn-
tton and be lost customers thereby such cus:ou-
ess mntt te ua1aed In the declaration, aud he was
limited hJ snese namex
The Court sustained the grounds taken By Nj.
There Hcra very. Ils3.c number OF Witnesses
present, but fhts narrowing Of the ktoupd rem
deftd II unnecessary 10 cal! any except \ segJ
few. End The tcope uf the 1c.iou wa lnstAAr re-
tuced By counsel for the p1a!oun, dfSel1lnf1g Aoy
intention 10 1sk for moro than notnloI damages
the CASE having been heart And NEusd- the
Court care the folio wtnZ:'
INSTRUCTIONS FOE FLAIR1IfT. ...
l. II the 1urJ belicfe rum tho evidence that thu
deft 1ans l. tho wtIe nL sne deftod-
ant Neis keason, lE, and saxt abe within ono year
next before the commencement Of lola tult IN thts
countY snokh tn the rIatHltd Of and Gonce1nlnx
him. il frlatiou 10 his tz1de and eastness as uer
chant, TIC pialnslu ihe1 snd there hcinx um
chant enssRrd in trade md business, u ptostn,