Goodrich v. Hooper
Massachusetts Supreme Judicial Court
Tort for slander. The declaration contained four counts The first count alleged that in August 1865 the plaintiff was, and for the four years previous thereto had been, collector of customs for the district of Boston and Charlestown ; that it was his official duty to account for and pay to the United States all moneys belonging 1o the United States received by him officially, and that neglect or refusal so to account and pay constitutes the crime of embezzlement under the…
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Tort for slander. The declaration contained four counts The first count alleged that in August 1865 the plaintiff was, and for the four years previous thereto had been, collector of customs for the district of Boston and Charlestown ; that it was his official duty to account for and pay to the United States all moneys belonging 1o the United States received by him officially, and that neglect or refusal so to account and pay constitutes the crime of embezzlement under the laws of the United States that during this period he was the only officer and person in the district authorized to make…
1Opinion of the CourtFoster, J.
Each of the counts in this declaration alleges that the defendant has orally slandered the plaintiff by accusing him of a criminal offence. It is not a suit for a libel, nor for words spoken which are claimed to be slanderous in consequence of the occupation or office of the plaintiff, and the action can be maintained only upon the ground that the words set forth amount to an accusation of a punishable offence.
The demurrer asks the judgment of the court whether the language alleged to have been used, in connection with the circumstances under which it was uttered, is fairly susceptible of…
2Cases cited1 opinion
- United States v. ForsytheU.S. Circuit Court for the District of Northern Ohio · 1855
3Cited by6 opinions
- Cafferty v. . Southern Tier Publishing Co.New York Court of Appeals · 1919
- Dillard v. ShattuckNew Mexico Supreme Court · 1932
- Doyle v. KirbyMassachusetts Supreme Judicial Court · 1903
- Colby Haberdashers, Inc. v. Bradstreet Co.Massachusetts Supreme Judicial Court · 1929
- Young v. CookMassachusetts Supreme Judicial Court · 1887
1 more not listed; retrieve them via the Exa API.