Legal Opinion

Whittemore v. Ware

Massachusetts Supreme Judicial Court

Decided March 15, 1869PublishedCited by 3 opinions

Tort for libel, with two counts for the same cause of action , the first count alleging “ that the defendant publicly, falsely and maliciously accused the plaintiff of gross fraud in the matter of a fraudulent transaction with one Samuel Tompson with reference to an estate on Marshall Street in Somerville, by writing a false and scandalous libel of and concerning the plaintiff in words substantially as follows, to wit: ‘ 11 Court Street.

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Tort for libel, with two counts for the same cause of action , the first count alleging “ that the defendant publicly, falsely and maliciously accused the plaintiff of gross fraud in the matter of a fraudulent transaction with one Samuel Tompson with reference to an estate on Marshall Street in Somerville, by writing a false and scandalous libel of and concerning the plaintiff in words substantially as follows, to wit: ‘ 11 Court Street. March 11, 1867. Samuel Tompson Esq. 1 am instructed by my client to bring a bill in equity vs. you et al. for gross fraud in the matter of your fraudulent…

1Opinion of the CourtWells, J.

If this case had been presented upon a demurrer to the declaration, we should have had great doubts whéther a *355legal cause of action is sufficiently set forth. The only fraud charged in the letter directly is the fraud of Tompson. That it was “in the matter of your (Tompson’s) fraudulent transactions with Whittemore ” does not imply that Whittemore committed fraud. The character of the transaction “in reference to the estate on Marshall Street” is not set forth, nor Whittemore’s connection with it. It is not made to appear that the threatened suit against Tompson “el aV’ meant a suit against…

2Cited by3 opinions

  1. Wall v. ToomeySupreme Court of Connecticut · 1884
  2. McMahon v. PolkSouth Dakota Supreme Court · 1897
  3. Worthington v. HoughtonMassachusetts Supreme Judicial Court · 1872

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