Legal Opinion

Sillars v. Collier

Massachusetts Supreme Judicial Court

Decided February 25, 1890PublishedCited by 32 opinions

Tort. The amended declaration was as follows: — “ And the plaintiff says that the defendant publicly, falsely, and maliciously accused the plaintiff of corruptly accepting a gift and gratuity, and of accepting a promise to make some gift and do some act beneficial to the plaintiff, under an agreement and with an understanding that his vote, opinion, and judgment should be given in support of a bill to incorporate the town of Beverly Farms, a question then depending in the…

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Tort. The amended declaration was as follows: — “ And the plaintiff says that the defendant publicly, falsely, and maliciously accused the plaintiff of corruptly accepting a gift and gratuity, and of accepting a promise to make some gift and do some act beneficial to the plaintiff, under an agreement and with an understanding that his vote, opinion, and judgment should be given in support of a bill to incorporate the town of Beverly Farms, a question then depending in the Massachusetts House of Representatives, whereof said Sillars was then a member from the twenty-second district of Essex…

1Opinion of the CourtC. Allen, J.

We are ready to assume in favor of the plaintiff, that by the declaration it is intended to aver that he was a member of the House of Representatives, and that the words set forth were spoken of him with reference to his official position. This being so, no averment of special damages was necessary, provided the words are defamatory, and to make them defamatory it is not necessary that they should import a charge of crime. It would be sufficient if they imported such misconduct as would expose him to expulsion, or even to censure, from the House, and we are inclined to think also that it…

2Cases cited4 opinions

  1. Reeves v. . WinnSupreme Court of North Carolina · 1887
  2. Wilson v. NoonanWisconsin Supreme Court · 1868
  3. Littlejohn v. GreeleyNew York Supreme Court · 1861
  4. Powers v. DuboisNew York Supreme Court · 1837

3Cited by32 opinions

  1. Gregory v. McDonnell Douglas Corp.California Supreme Court · 1976
  2. Leese v. Baltimore CountyCourt of Special Appeals of Maryland · 1985
  3. Sweeney v. PattersonCourt of Appeals for the D.C. Circuit · 1942
  4. Scott v. McDonnell Douglas Corp.California Court of Appeal · 1974
  5. Warner v. FullerMassachusetts Supreme Judicial Court · 1923

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