McCloy v. Vaughan

151 N.W. 667, 185 Mich. 189, 1915 Mich. LEXIS 956
CourtMichigan Supreme Court
DecidedMarch 18, 1915
DocketDocket No. 91
StatusPublished
Cited by2 cases

This text of 151 N.W. 667 (McCloy v. Vaughan) is published on Counsel Stack Legal Research, covering Michigan Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
McCloy v. Vaughan, 151 N.W. 667, 185 Mich. 189, 1915 Mich. LEXIS 956 (Mich. 1915).

Opinion

Stone, J.

This is an action of slander against the defendant, who had been the landlord of the plaintiff, for damages for certain statements which it is alleged defendant made of and concerning the plaintiff, on the 10th day of August, 1910, about the time the plaintiff vacated the apartments known as the Vaughan apartments, which she had leased from defendant. The evidence is undisputed that the defendant was the owner of an apartment house in the city of Detroit, which he leased, under a chattel mortgage lease, to the plaintiff, beginning on the 1st day of April, 1910, for a period of five years. It appeared that when the plaintiff rented the Vaughan apart-[191]*191merits she had purchased different kinds of furniture from five or more furniture dealers in the city of Detroit, in order to fit out the apartments. This furniture had been purchased on the contract installment plan, and only a small amount of cash was paid on account at the time of purchase. The plaintiff continued to occupy this apartment house until the 31st of July, 1910, when she was obliged to vacate owing to an arrearage of rent amounting, to upwards of $1,400. Some of the furniture which had been purchased from the different furniture dealers by said plaintiff remained in the apartment house when she was about to vacate, and a bill of sale was signed and executed by the plaintiff to the defendant, bearing date the 30th day of July, 1910, in and by which she bargained and sold to the defendant “all goods, chattels, furniture and fixtures, including all furniture and furnishings contained in the Vaughan apartments, Nos. 32-34 Watson street, excepting the piano and one dresser belonging to her and now in her possession” at said place. The evidence tended to' show that at the time of the execution of this bill of sale the defendant believed that plaintiff owned outright the furniture which she was transferring to him, when, as a matter of fact, there was considerable money still due the furniture dealers on account.

However, counsel for the plaintiff, shortly after the transfer, did inform defendant that there was a very slight sum still due on the furniture, which the plaintiff would pay without delay, and thereby make defendant’s title to the furniture clear; but the plaintiff did not pay the balance. After the plaintiff had transferred the furniture in the Vaughan apartments to the defendant, and had vacated the same, she left Detroit to visit relatives in London, Ontario. During the month of August and beginning of September, 1910, the respective collectors for these five furniture [192]*192dealers who had sold furniture to the plaintiff on account came to the Vaughan apartments, which were being conducted at that time by the defendant, and made inquiries of him regarding the whereabouts of the plaintiff and certain aforementioned furniture which their respective firms had sold to the plaintiff. In response to these inquiries of plaintiff’s creditors, defendant gave certain information as to where the plaintiff had gon.e; and it is the claim of the defendant that he tried to give them what information he could. The plaintiff’s declaration alleges:

“That on, to wit, the 10th day of August, 1910, at the said Vaughan apartments, Nos. 32-34 Watson street, in the city of Detroit, with evil, wicked, wanton, wrongful and malicious intent, in a certain discourse which plaintiff is informed and believes said defendant then and there had of and concerning plaintiff, in the presence and hearing of Guy E. Barn-hart, did falsely, evilly, wickedly, wantonly, wrongfully, and maliciously, speak and declare to, and publish of and concerning plaintiff the following false, scandalous, evil, wicked, wrongful, malicious, and defamatory words, to wit (stripped of their innuendoes) : ‘Mrs. McCloy has moved out drayloads of furniture. She has disappeared. She collected rents in the Vaughan apartments. She now claims she has not collected them. She got money from the tenants in the building dishonestly, and left the city with her pockets full of money.’ ”

The plea was the general issue.

Upon the trial the plaintiff introduced as a witness one Guy E. Barnhart, who testified, on direct examination, in substance as follows:

“He said that Mrs. McCloy was not there; she had disappeared, and the probabilities are that the goods were gone with her; that she had taken a good many of the goods out of the apartments. And I wanted to know — he wanted to know — Are the goods all paid for? I said ‘No.’ He said, ‘Well, they ought to be paid for; she had money enough to pay for them. [193]*193She collected rents there, and ought to have money enough to pay for them.’ I said they were not paid for. He says, ‘Well, I don’t think the goods are in the apartments.’ I asked him if I could go into the apartments and see, and he said no, I could not. He said she had collected rents there and had not paid the rents from the tenants, and had not paid for the furniture, so he understood, or had not paid the rents to him, and he was out some two or three thousand dollars, or something like that, on rents.
“Q. Did he say anything as to her financial condition when she left the city?
“A. He said she had left with all kinds of money.”

On cross-examination the witness further testified:

“I did not go to Mr. Vaughan and ask him first for this lady’s address. I went back there and made a second trip and asked him whether he had found her address. I made two trips there. I did not have any personal knowledge that she was not at the Vaughan apartments at the time of my first trip there. When I got there I found that she was not there. I asked Mr. Vaughan what her address was. He said he didn’t know. I went back there again and asked him for the address. He did not tell me. I do not recall that he told me she was in Canada. I cannot recall as to where he said she had gone. He said she had disappeared, and I don’t think he did say that she had gone to Canada; I don’t know. I think I am safe in saying that he used the word ‘disappeared,’ not that she had gone away. He used some word to that effect. I will positively swear that he used that' word. He stated that at the first conversation. That was all the conversation that I remember took place. On the second conversation there was practically only a few words passed between us, if I remember correctly. He said he didn’t know any more about her than when I was there before. Those were all the interviews I had with him.”

Defendant’s counsel requested the court to charge the jury, among other things, as follows:

“(3) The testimony of the witness Guy Barnhart does not substantiate the statements set forth in the [194]*194declaration alleged to have been made by the defendant Vaughan to said Barnhart on or about August 5, 1910.”
“(6) There is no testimony in the case, as alleged in the declaration, that defendant Vaughan stated to the witness Barnhart, ‘Mrs. McCloy has moved out drayloads of furniture/
“(7) There is no testimony in the case, as alleged in the declaration, that defendant Vaughan stated to the witness Barnhart, ‘She now claims that she has not collected them’ [rents].
“(8) There is no testimony, as alleged in the declaration, that defendant Vaughan stated to the witness Barnhart, ‘She got money from the tenants in the building dishonestly/ ”

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Related

Powell v. Young
144 S.E. 624 (Court of Appeals of Virginia, 1928)
Darling v. Mansfield
192 N.W. 595 (Michigan Supreme Court, 1923)

Cite This Page — Counsel Stack

Bluebook (online)
151 N.W. 667, 185 Mich. 189, 1915 Mich. LEXIS 956, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mccloy-v-vaughan-mich-1915.