Allen v. Hillman
Massachusetts Supreme Judicial Court
Action on the case for slander. The declaration contained seven counts. It recited that the plaintiff was treasurer of a masonic lodge in New Bedford, called the Washington Remembered Lodge, and that he conducted himself honestly and faithfully in that office and justly accounted for all moneys which came into his hands ; and in each count it was alleged, that the words were spoken, and the charges were made, of and concerning him in his capacity of treasurer.
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Action on the case for slander. The declaration contained seven counts. It recited that the plaintiff was treasurer of a masonic lodge in New Bedford, called the Washington Remembered Lodge, and that he conducted himself honestly and faithfully in that office and justly accounted for all moneys which came into his hands ; and in each count it was alleged, that the words were spoken, and the charges were made, of and concerning him in his capacity of treasurer. In the first count the words alleged to have been uttered were, “If the gentlemen wish to know who is to pay the expense, I can tell…
1Opinion of the Court
Shaw C. J.
delivered the opinion of. the Court. The question is, whether the evidence is sufficient to support the action, and we are of opinion that it is not. The purport of the words, as proved, is, that the plaintiff was the treasurer of a masonic lodge, and as such received money of the lodge, which he had failed to account for, but converted the same to his own use. The use of the word “ robbed,” which the evidence leaves a little doubtful, would make no difference, if, as we think the conversation taken together proves, the term was applied to the plaintiff, as having appropriated and…
2Cases cited1 opinion
- Forward v. AdamsNew York Supreme Court · 1831