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The ground of action was the posting and publishing of a letter or placard by the defender, of and concerning the pursuer, in the terms quoted in the following issue, and which was sent to trial:
Whether the said words, or any of them, contained in the said placards, are of and concerning the pursuer, and are false and calumnious, and to the loss, injury, and damage of the pursuer?
The defender thereupon sent his friend, Mr Alexander Gordon, advocate in Aberdeen, to require an interview with the pursuer, who, however declined seeing Mr Gordon, or receiving any communication from him relative to the above correspondence; whereupon the defender posted and published the placard in question, at the places mentioned in the issue. The defender also sent a copy to the pursuer, who returned it inclosed to Mr Gordon, saying, that he would not be induced to have farther correspondence or communication on the subject, and that he acted by advice of a friend.
The pursuer thereafter brought an action for damages; and the foregoing issue having gone to trial,
Rutherfurd (Solicitor-General) opened for the pursuer, and claimed heavy damages. He gave in evidence the defender's admission, that the placard had been put up and published by him.
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Common Room
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