Legal Opinion

Brow v. Hathaway

Massachusetts Supreme Judicial Court

Decided October 15, 1866PublishedCited by 8 opinions

Tort for slander. The declaration contained two counts, and the words set forth as slanderous were as follows: “ You (meaning the plaintiff) entered our shop and took fifty-eight dollars’ worth of goods.” “ She (meaning the plaintiff) took the goods and has stolen other things before. She stole the goods we missed.” “ My wife accuses Josephine of entering her shop with a key Monday night, and taking fifty-eight dollars’ worth of goods.”

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Tort for slander. The declaration contained two counts, and the words set forth as slanderous were as follows: “ You (meaning the plaintiff) entered our shop and took fifty-eight dollars’ worth of goods.” “ She (meaning the plaintiff) took the goods and has stolen other things before. She stole the goods we missed.” “ My wife accuses Josephine of entering her shop with a key Monday night, and taking fifty-eight dollars’ worth of goods.” “ When we took account of stock, I accused her to my wife of taking two hundred dollars’ worth, either in goods or money.” “ If I do not (meaning if I do not…

1Opinion of the CourtWells, J.

The defendant’s wife having lost goods from her store, and having grounds to suspect that the plaintiff had stolen them, the defendant applied to the chief of police, and, at his suggestion, went with a police officer to the house where the plaintiff resided with her mother, to make inquiry into the matter. No search-warrant was taken, but a search was made by permission of the mother and the plaintiff. No stolen goods were found. This proceeding had no authority of law, but, with the assent of the householder, there was no impropriety in it; and there is nothing in the case to show that it…

2Cited by8 opinions

  1. Fields v. . BynumSupreme Court of North Carolina · 1911
  2. State v. BalchSupreme Court of Kansas · 1884
  3. Alderson v. KahleWest Virginia Supreme Court · 1914
  4. General Motors Corp. v. PiskorCourt of Special Appeals of Maryland · 1975
  5. Clemmons v. DanforthSupreme Court of Vermont · 1895

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