Avery v. Ward
Massachusetts Supreme Judicial Court
Tort for slander, in accusing the plaintiff of subornation of perjury. The declaration in various counts alleged, in substance, that Peter Borlin was insured against loss by fire, under a policy issued by an insurance company doing business in this Commonwealth, upon a barn as well as upon a portion of its contents owned by him; that the barn and such contents, as well as three valuable cows belonging to the plaintiff and in the barn at the time, were burned; that after the…
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Tort for slander, in accusing the plaintiff of subornation of perjury. The declaration in various counts alleged, in substance, that Peter Borlin was insured against loss by fire, under a policy issued by an insurance company doing business in this Commonwealth, upon a barn as well as upon a portion of its contents owned by him; that the barn and such contents, as well as three valuable cows belonging to the plaintiff and in the barn at the time, were burned; that after the loss Borlin prepared and rendered to the company a statement in writing, which he signed and made oath to, setting forth…
1Opinion of the CourtKnowlton, J.
The principal question in this case is whether .the oath taken by a policy holder to the truth of a statement in writing, setting forth the particulars of a loss under his policy of insurance against fire, is an oath “ required by law,” within the meaning of the Pub. Sts. c. 205, § 2. This section is as follows: “ Whoever, being required by law to take an oath or affirmation, wilfully swears or affirms falsely in regard to any matter or thing respecting which such oath or affirmation is required, shall be deemed guilty of perjury.”
The St. of 1887, c. 214, § 60, which follows closely the Pub.…
2Cited by6 opinions
- Commonwealth v. DawsonMassachusetts Supreme Judicial Court · 1987
- Commonwealth v. CervenyMassachusetts Supreme Judicial Court · 1977
- Commonwealth v. GilesMassachusetts Supreme Judicial Court · 1966
- Commonwealth v. WeeneMassachusetts Supreme Judicial Court · 1946
- Commonwealth v. GilesMassachusetts Supreme Judicial Court · 1966
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