Court Of King's Bench, We...
LA P1REPORT. t .2zwngs at ivzn Frnus, oefOre thC LOOL CRIEr- JUSTJCE a7d Common .Jrim. t Ills was arn action tor (telamarory wordis, imputing to thu plain. ti that he had feloniously committed forgery. The defendaut pleaded the general issue. It aispeared in evidence that the plaintiff wasa rnaltater atBland- ford, Darsetaslire, ard lhat the defendant was in attorney at Port. sea. The plaintiffhavng sued oatacommissien of bas:krupt against a person named Pink, a brewer, of Portsea who was in partnership with a hlr. I'risulx, the messenger entered upon the premises to seize the bankrupt's effects. blr. Priaulx, thc solvent partner, tent for the defendant, his attorney, to consult hini, when some conversation .ensued. The. messenger was asked by the defendant what the. nome of the petitioning creditor was, when thename of the plaintiff was given. Thc defendant then said, .DDo you knoy, what he has been at~" The messenger answered, " No ," upon which the defendant saidl, " he andl Mr. Pink havecoemnitted forgery, in forging Mlr. Pdiaulx's ntame to some bills of exchange, and we mean topunishhsim." The plaintiff'scase rested upon the testimony of .artel], tha messenger, who proved tie words as abovementioned. -Ir. ScARLETT, for the defence, called Air. Priaulx, and a. ir. 136urne to prove that the words uttered by. the defendant wete not to be taUien in the sense imputed. It having been. represented to the defendant, at- tue conversation in question tha;t MAlr Pink, con. trary to the terms of his copartnership with Ihr. PriiulK, had, atthe instance of theplaintifF, clandestinely acceptled billain thename ofthe partnership firm to secure a separatedebt which heowed theplaintift the defentlant (as stated by these witnesses)' had merelr said, "1 If that be the case, ir. Storey has committed'forgiry, and he may be puntished.!' Taking the words, so used, it was contended that the action could not be maintained, inawimuch -as the defendant had merely advanced an opinion upon an hyootheticalstate of facts. The LoitnD CitEr JusTcz was inc.lined- to stop the case, but it being agreed by the, Coansel to withdraiv a juror, the matter ended in that manner.-Jnror withdrawn. I COURT OF KING'S BENCH, WEsTxrMgTzn. J.Tur 1 I _ STOJ(EY V. WILLIAMr 3IINCHIM, GENT.. ONE. &C.