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Decisions of the Superior Courts of New South Wales, 1788-1899

Suttor v Chapman (1830) NSW Sel Cas (Dowling) 800; [1830] NSWSupC 60

reception of English law, bankruptcy, slander

Supreme Court of New South Wales

Dowling J., 6 September 1830

Source: Dowling, Select Cases, Archives Office of New South Wales, 2/3466

[p. 12]

Where Defendant said of Plaintiff in a passion [p.13] "He was riding and dashing about the Town embezzling his creditors property".  Held that these words were not actionable there being no bankrupt Law in N.S.W.

 

Dowling, Proceedings of the Supreme Court, Vol. 44, Archives Office of New South Wales, 2/3227

[p. 24]

Action for words 1st June 1830

Deft spoke ``of and concerning Plaintiff & of & concerning him in his business & occupation of Apothecary Chemist & Druggist in the presence & hearing among other persons of Francis Nicholas Rossi and Wareham Jennett Brown Esqr & one --- Hammond. the words following "He (meaning Plf) was riding & dashing about the Town Embezzling his creditors property (meaning that the Plf was guilty of fraud in embezzling property belonging to Plff's Creditors) -

2nd Count in a conversation which Deft had with W.J. Browne Esqr & other persons & in their hearing of others & in their hearing sd  He was riding & dashing about the Town Embezzling his creditors property. -

[p. 25] Frederick William Staunard.

I am Clerk to Superintendent of Convicts, & attend the police Office daily. About two months ago I remember a case of assault or breach of the peace.  Mr. Suttor ass. Mr Chapman I remember the defendant saying that Mr Suttor was riding & dashing about the town, embezzling his creditors property, as defrauding them - `` I am not sure which.  He was very warm upon he subject.  He was going into detail abt some disputed a/ct. [?] then Mr C feel irritated - rather warm on that occasion.

XX[1 ] - Rossi  endeavoured to quiet them  they words of anger & heat.

[P. 26] I believe Mr Sutton is an apothecary. - I knew neither of the parties.  They are strangers to me.

Wm. Henry Meach.  I remember on the 24 June the Deft was brought up on a charge of a breach towards Mr Sutton.  I remember Deft saying that Mr. Sutt was [?] & dashing about the town & either defrauding & making away with the money belonging to his creditors.  I can't say whether he sd anything with reference to embezzling.

Case

Norton.-

Embezzling his creditors property.

Dowling J no bankrupt laws here.-

 Nonsuited words not actionable.

 

Notes

[1 ] Cross-examined.

Published by the Division of Law, Macquarie University