Boynton v. Shaw Stocking Co.
Massachusetts Supreme Judicial Court
Tobt for an alleged libel contained in the following words: “ Caution: An opinion of Shaw knit hosiery should not be formed from the navy blue stockings advertised as of ‘first quality ’ by Messrs. S. W. Boynton & Co. at 12-’- cts., since we sold that firm at less than ten cents a pair some lots which were damaged in the dye-house. [Signed"] Shaw Stocking Company.
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Tobt for an alleged libel contained in the following words: “ Caution: An opinion of Shaw knit hosiery should not be formed from the navy blue stockings advertised as of ‘first quality ’ by Messrs. S. W. Boynton & Co. at 12-’- cts., since we sold that firm at less than ten cents a pair some lots which were damaged in the dye-house. [Signed"] Shaw Stocking Company. Lowell, May 29, 1886.” At the trial in the Superior Court, before Thompson, J., the plaintiff offered evidence tending to prove the following facts : The plaintiff was the proprietor of a dry goods store, and did a large business in…
1Opinion of the CourtC. Allen, J.
An action will not lie for mere disparagement of the plaintiff’s goods, without averment and proof of special damage. Dooling v. Budget Publishing Co. 144 Mass. 258. But the plaintiff contends that the words used by the defendant contain an imputation upon his character,- and that they imply that he was deceiving the public by advertising goods as of first quality which he knew were damaged. The question, therefore, is this.: Taking the words in their natural sense, and without a forced or strained construction, do they contain this imputation ? If the words may fairly bear that meaning, then…
2Cases cited2 opinions
- Twombly v. MonroeMassachusetts Supreme Judicial Court · 1884
- Dooling v. Budget Publishing Co.Massachusetts Supreme Judicial Court · 1887
3Cited by13 opinions
- Holmes v. ClisbySupreme Court of Georgia · 1903
- Peck v. Wakefield Item Co.Massachusetts Supreme Judicial Court · 1932
- Robinson v. CoulterMassachusetts Supreme Judicial Court · 1913
- MiGi, Inc. v. Gannett Massachusetts Broadcasters, Inc.Massachusetts Appeals Court · 1988
- Colby Haberdashers, Inc. v. Bradstreet Co.Massachusetts Supreme Judicial Court · 1929
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