Mason v. Mason
Superior Court of New Hampshire
Case for slander. The plaintiff in her first count stated that the defendant spoke of her the following words : “ They say that she has had a young one. They say that Mrs. John Mason catched she and Jesse behind the barn,” whereby one L. C. who was courting her, refused to marry her.
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Case for slander. The plaintiff in her first count stated that the defendant spoke of her the following words : “ They say that she has had a young one. They say that Mrs. John Mason catched she and Jesse behind the barn,” whereby one L. C. who was courting her, refused to marry her. The second count was as follows : “ And also for that whereas the said Eliza Ann is and ever hath been a virgin, &c. and whereas the said Eliza Ann at the time of committing the grievance, &c. had a brother called and known by the name of Jesse Mason, &c. and whereas the said Eliza Ann before the committing of…
1Opinion of the CourtRichardson, C. J.
We have examined the second count in the declaration and there does not seem to us to be. any legal cause for arresting the judgment. It is averred that the plaintiff had a brother by the name of Jesse, and that in a discourse of and concerning the plaintiff and of and concerning her intercourse with the said Jesse the -words were spoken. Now that the words, if, as it is averred, the brother of the plaintiff was meant by Jesse, contain an imputation of incest, no man who reads them can doubt. Enough is averred to make the words amount to an imputation of incest and the inuendoes seem to us…
2Cases cited3 opinions
- Gidney v. BlakeNew York Supreme Court · 1814
- Brooks v. BemissNew York Supreme Court · 1811
- Lindsey v. SmithNew York Supreme Court · 1811
3Cited by1 opinion
- Dame v. KenneySuperior Court of New Hampshire · 1852