Nye v. Otis
Massachusetts Supreme Judicial Court
Case for slanderous words, falsely and maliciously spoken of the plaintiff by the defendant on the first day of October, 1809, and at .divers other days and times. The words charged in the declaration were, “ He has stolen my powder-horn,” “ He has stolen my arithmetic,” and “ He has been unfaithful, and has, I believe, talcen money from my desk ” There was also a count for charging the plaintiff with the crime of stealing.
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Case for slanderous words, falsely and maliciously spoken of the plaintiff by the defendant on the first day of October, 1809, and at .divers other days and times. The words charged in the declaration were, “ He has stolen my powder-horn,” “ He has stolen my arithmetic,” and “ He has been unfaithful, and has, I believe, talcen money from my desk ” There was also a count for charging the plaintiff with the crime of stealing. Trial was had at the sittings after the last October term in this county, upon the general issue pleaded, before Sewall, J., when a general verdict was rendered for the…
1Opinion of the Court
The action stood further continued nisi; and afterwards, at Taun •.ton, the opinion of the Court was pronounced as follows, by
Parker, J.
In the declaration there are two counts — one charging the defendant with having spoken certain defamatory words, specially set forth; the other charging him generally with having maliciously accused the plaintiff of the crime of stealing.
It is doubtful whether some of the words charged in the first count are actionable, viz., “ He has been unfaithful, and, I believe, has taken money from my desk-” Others are, without doubt, actionable, as, “ He has stolen my…
2Cited by19 opinions
- Williams v. MinerSupreme Court of Connecticut · 1847
- Giddens v. MirkSupreme Court of Georgia · 1848
- Kenyon v. CameronSupreme Court of Rhode Island · 1890
- Barnes v. HurdMassachusetts Supreme Judicial Court · 1814
- True v. PlumleySupreme Judicial Court of Maine · 1853
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