Holt v. Ashby

Decision Date19 November 1912
Citation150 Ky. 612,150 S.W. 810
PartiesHOLT v. ASHBY.
CourtKentucky Court of Appeals

Appeal from Circuit Court, Spencer County.

Action by Susan Holt against James B. Ashby. From a judgment sustaining a demurrer to the petition, plaintiff appeals. Affirmed.

S. K Baird, of Taylorsville, for appellant.

Willis Todd & Bond, of Shelbyville, and L. W. Ross, of Taylorsville for appellee.

NUNN J.

Appellant filed the following petition in the lower court: "The plaintiff, Susan Holt, states that on or about August 20 1910, she sold to one W. R. Simpson certain personal property, in part payment for which he executed his note to this plaintiff for $45, due four months and five days after date, with James B. Ashby, the defendant herein, as surety. She states that thereafter, to wit, on August 22, 1910, the said James B. Ashby paid off the said note in full, and she assigned same to him. She states that on or about December 25, 1910, the said defendant, James B. Ashby, exhibited the said note above described to various and divers persons, and that at that time there was on said note an interlineation and alteration making the note read $47.50, instead of $45. She states that the said defendant, James B. Ashby, at the time he exhibited this note containing this interlineation and alteration to these various and divers persons, falsely and maliciously in the presence and hearing of these many persons spoke of and concerning this plaintiff these words, 'Mrs. Susan Holt raised this note,' thereby meaning that plaintiff had committed the crime of forgery by raising the said note from its proper amount, $45, to $47.50. She states that the said allegation made by the defendant of and concerning plaintiff to the effect that she had raised the said note was made in Spencer county, Ky. She states that the said allegation was false. She states that she had not raised the said note, and had not written the interlineation and alteration that appeared on the said note, and that defendant knew when he spoke said words herein above complained of that this plaintiff had not raised the said note, and had not written on the said note the interlineation or alteration. But she states that the said defendant spoke said words, willfully, falsely and maliciously, to plaintiff's damage in the sum of $5,000. She states that the defendant James B. Ashby is a resident of Spencer county, Ky."

A demurrer was sustained to this petition, and Mrs. Holt appeals. She claims that the words, "Mrs. Susan Holt raised this note," when taken with the inducement charge her with a crime. She alleged no special damages by reason of the publication of the words; therefore, the existence of a cause of action depends entirely upon whether or not the words spoken are actionable per se. In the case of Moore v. Johnson, 147 Ky. 584, 144 S.W. 765, ...

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8 cases
  • Duncan v. Record Pub. Co
    • United States
    • South Carolina Supreme Court
    • September 21, 1927
    ...cannot be made so by innuendoes." Penry v. Dozier, 161 Ala. 292, 49 So. 900; Moore v. Johnson, 147 Ky. 584, 144 S. W. 765; Holt v. Ashby, 150 Ky. 612, 150 S. W. 810; Brown v. Independent Pub. Co., 48 Mont. 374, 138 P. 258; Lanston Co. v. Mergenthaler linotype Co. (C. C. A.) 147 F. 871, Id. ......
  • Duncan v. Record Pub. Co.
    • United States
    • South Carolina Supreme Court
    • September 21, 1927
    ...se cannot he made so by innuendoes." Penry v. Dozier, 161 Ala. 292, 49 So. 900; Moore v. Johnson, 147 Ky. 584, 144 S.W. 765; Holt v. Ashby, 150 Ky. 612, 150 S.W. 810; Brown v. Independent Pub. Co., 48 Mont 374, 138 P. 258; Lanston Co. v. Mergenthaler Linotype Co. (C. C. A.) 147 F. 871, Id. ......
  • Judevine v. Benzies-Montanye Fuel & Warehouse Co.
    • United States
    • Wisconsin Supreme Court
    • October 13, 1936
    ...must be libelous per se. 17 Ruling Case Law 299; McDermott v. Union Credit Co., 76 Minn. 84, 78 N.W. 967, 79 N. W. 673; Holt v. Ashby, 150 Ky. 612, 150 S.W. 810. To render words libelous per se they must impute commission of a crime to the plaintiff or “tend to degrade or disgrace the plain......
  • Conroy v. Breland
    • United States
    • Mississippi Supreme Court
    • June 12, 1939
    ... ... Code of ... 1930, sections 889 and 893; 20 C. J. 426; Clark v ... State, 109 Miss. 737, 69 So. 497; 65 C. J. 38; Holt ... v. Ashby, 150 Ky. 612; Ivers, etc., Piano Co. v ... Allen, 63 A. 735; Knight v. State, 44 So. 585; ... Renaker v. Gregg, 147 Ky. 368 ... ...
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