Lovejoy v. Whitcomb
Massachusetts Supreme Judicial Court
Tout, in two counts, for slander in accusing the plaintiff of the crime of adultery. At the trial in the Superior Court, before IÁlley, J., the jury returned the following verdict: “ The jury find for the plaintiff and assess the damages in the sum of one thousand and four hundred dollars. The jury find on the second count in the declaration and assess the damages in the sum of one dollar.”
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Tout, in two counts, for slander in accusing the plaintiff of the crime of adultery. At the trial in the Superior Court, before IÁlley, J., the jury returned the following verdict: “ The jury find for the plaintiff and assess the damages in the sum of one thousand and four hundred dollars. The jury find on the second count in the declaration and assess the damages in the sum of one dollar.” The defendant, besides appealing from an order overruling a demurrer to the declaration, alleged exceptions, which appear in the opinion.
1Opinion of the CourtKnowlton, J.
The defendant appealed from the order of the court overruling his demurrer to the plaintiff’s declaration, and after a trial before a jury, filed a bill of exceptions. The first question is whether the allegations of the declaration charge the defendant with an actionable slander. The language set out in the first count is as follows : “ What a pity we (meaning said church of which said defendant was a member) have got such a man for a director. His moral character is not good. You (meaning the person with whom he was conversing) must have heard about his being caught with the house girl. I…
2Cases cited6 opinions
- Morasse v. BrochuMassachusetts Supreme Judicial Court · 1890
- Dooling v. Budget Publishing Co.Massachusetts Supreme Judicial Court · 1887
- Riddell v. ThayerMassachusetts Supreme Judicial Court · 1879
- Boynton v. Shaw Stocking Co.Massachusetts Supreme Judicial Court · 1888
- Brown v. DeanMassachusetts Supreme Judicial Court · 1877
1 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- Bander v. Metropolitan Life InsuranceMassachusetts Supreme Judicial Court · 1943
- Sharratt v. Housing Innovations, Inc.Massachusetts Supreme Judicial Court · 1974
- Lynch v. LyonsMassachusetts Supreme Judicial Court · 1939
- Bray v. HickmanMassachusetts Supreme Judicial Court · 1928
- Bert Lahr v. Adell Chemical Co., Inc.Court of Appeals for the First Circuit · 1962
12 more not listed; retrieve them via the Exa API.