Marble v. Chapin
Massachusetts Supreme Judicial Court
Tort for slander. The fourteenth count of the declaration, which is the only count material to be stated, alleged that the defendant publicly, falsely and maliciously accused the plaintiff of the crime of adultery by words spoken of the plaintiff substantially as follows: “Mr. Marble has had intercourse with you, (meaning a certain woman to whom said words were spoken by the defendant, the said person so addressed by said defendant being a married woman, and said Marble…
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Tort for slander. The fourteenth count of the declaration, which is the only count material to be stated, alleged that the defendant publicly, falsely and maliciously accused the plaintiff of the crime of adultery by words spoken of the plaintiff substantially as follows: “Mr. Marble has had intercourse with you, (meaning a certain woman to whom said words were spoken by the defendant, the said person so addressed by said defendant being a married woman, and said Marble being an unmarried man.) ” Trial in the Superior Court, before Brigham, C. J., who allowed a bill of exceptions, in…
1Opinion of the CourtMorton, C. J.
The defendant now relies only upon his exception to the refusal of the court to rule as requested by him, “ that the statement made to Mary Ann Cummings, that the plaintiff had had intercourse with her, was not actionable under the allegations contained in the fourteenth count, unless other parties were present at the time.”
His argument in support of this exception is, that, as Mary Ann Cummings knew that the charge was false, the plaintiff’s reputation could not have been injured with her; and, as she never repeated the slander until after this action was brought, it could not have been…
2Cited by15 opinions
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- Bishop v. Journal Newspaper Co.Massachusetts Supreme Judicial Court · 1897
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