Legal Opinion

Frisbie v. Fowler

Supreme Court of Connecticut

Decided November 15, 1818PublishedCited by 5 opinions

in error. THIS was an action of slander, brought by Benjamin R. Fowler and Peggy Fowler, his wife, against Frisbie, charging him with having “ uttered and published, of and concerning the said Peggy, the following false, scandalous and malicious words, to wit, she (meaning the plaintiff) is as common as the New-York wkores, and has been kept as a mistress nine years ; and she may help herself, and be damned, for I can prove it.”

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in error. THIS was an action of slander, brought by Benjamin R. Fowler and Peggy Fowler, his wife, against Frisbie, charging him with having “ uttered and published, of and concerning the said Peggy, the following false, scandalous and malicious words, to wit, she (meaning the plaintiff) is as common as the New-York wkores, and has been kept as a mistress nine years ; and she may help herself, and be damned, for I can prove it.” Another count stated the Words thus : « She (meaning the plaintiff) is a whore, and as common as any common whore in the streets ; and I have had to do with her, for…

1Opinion of the Court

Swift, €1». J.

It is true, that i» England, to charge a woman with a breach of chastity- — as to charge her with guilty of adultery, or fornication, or to call her a whore — -is not actionable, except by custom in London, withv out stating and proving special damage ; because these are not offences punishable by the common law, but only in the ecclesiastical courts, where the party injured by such charges must seek redress. But as by the laws of this state, the breach of chastity, in every form — from adultery to mere lascivious carriage — is punishable by statute,(a) the consequence has been,…

2Cited by5 opinions

  1. McQueen v. FulghamTexas Supreme Court · 1864
  2. Ledlie v. WallenMontana Supreme Court · 1895
  3. Smith v. SilenceSupreme Court of Iowa · 1856
  4. Page v. MerwinSupreme Court of Connecticut · 1886
  5. Kennenberg v. NeffSupreme Court of Connecticut · 1901

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