Legal Opinion

Sabin v. Angell

Supreme Court of Vermont

Decided February 15, 1874PublishedCited by 5 opinions

Slander. The first count alleged that the defendant, in the presence and hearing of one Cady, spoke and published to, and of and concerning, the plaintiff, these words: “ You (meaning the plaintiff) are a thief; ” by means whereof the plaintiff was greatly injured, &c. The second count charged the speaking of the same words to the plaintiff on another occasion, in the presence and hearing of another person.

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Slander. The first count alleged that the defendant, in the presence and hearing of one Cady, spoke and published to, and of and concerning, the plaintiff, these words: “ You (meaning the plaintiff) are a thief; ” by means whereof the plaintiff was greatly injured, &c. The second count charged the speaking of the same words to the plaintiff on another occasion, in the presence and hearing of another person. The third count charged, that on another occasion, in the presence and hearing of divers persons, the defendant spoke of and concerning the plaintiff, “ He (meaning the plaintiff) is a…

1Opinion of the Court

The opinion of the court was delivered by

Wheeler, J.

A person cannot be a thief without he has stolen something. To charge a person with being a thief, is to charge him with larceny. A person might be called a thief in such a manner, or in such connections, as to indicate that a charge of larceny was .not intended. But if a person is called a thief, and nothing more appears, it is, to common intent, a charge of larceny, and is actionable. Penfold v. Westcote, 2 N. R. 335 ; Townshend on Slander and Libel, 197. A declaration in an action for slander that sets forth the calling of the plaintiff a…

2Cases cited1 opinion

  1. Alter v. Bowman, Pennsylvania Court of Common Pleas, Schuylkill County1874

3Cited by5 opinions

  1. Crump v. P & C Food Markets, Inc.Supreme Court of Vermont · 1990
  2. Piplack v. MuellerSupreme Court of Florida · 1929
  3. Ladwig v. HeyerSupreme Court of Iowa · 1907
  4. Sheridan v. SheridanSupreme Court of Vermont · 1886
  5. Barr v. BirknerNebraska Supreme Court · 1895

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