Robinson v. Keyser
Superior Court of New Hampshire
Case, for slanderous words. The declaration alleged that “on the 29th day of June, A. D., 1850, at Wendell, in said County, in the presence of divers persons, citizens of this State,” the defendant “ did speak and publish of, and concerning the plaintiff, the false, scandalous, and malicious words following, to wit, he, (meaning the said Bobinson,) is a thief and a liar, and I, (meaning the defendant,) can prove it.”
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Case, for slanderous words. The declaration alleged that “on the 29th day of June, A. D., 1850, at Wendell, in said County, in the presence of divers persons, citizens of this State,” the defendant “ did speak and publish of, and concerning the plaintiff, the false, scandalous, and malicious words following, to wit, he, (meaning the said Bobinson,) is a thief and a liar, and I, (meaning the defendant,) can prove it.” The declaration contained no other colloquium than is above stated, nor any allegation of any special damage. To this declaration there was a general demurer and joinder.
1Opinion of the CourtPereey, J.
In an action on the case for slanderous words, if the words alleged to have been spoken, do not of themselves, in their usual sense, import an actionable slander, but were spoken in reference to some other conversation or transaction, by connection with which they acquired a slanderous meaning, it is necessary to set out, in declaring, the matter in reference to which the words were spoken.
But where the words, according to their usual acceptation, plainly import of themselves the charge of a crime, no colloquium or inuendo is necessary. It is sufficient if they are alleged to have been spoken…
2Cases cited5 opinions
- Chaddock v. BriggsMassachusetts Supreme Judicial Court · 1816
- Phillips v. BarberNew York Supreme Court · 1831
- M'Kennon v. GreerSupreme Court of Pennsylvania · 1834
- Butterfield v. BuffumSuperior Court of New Hampshire · 1838
- Norton v. LaddSuperior Court of New Hampshire · 1830
3Cited by1 opinion
- Chamberlin v. 101 Realty, Inc.District Court, D. New Hampshire · 1985