Adams v. Stone
Massachusetts Supreme Judicial Court
Tort for slander. The declaration alleged that the defendant, on November 10, 1879, at Springfield, “ publicly, falsely and maliciously accused the plaintiff of the crime of adultery, by words spoken of the plaintiff to one Mrs. William Brown, substantially as follows, to wit: ‘ Mr. Harvey Adams was intimate with his brother’s wife for a number of years; ’ (meaning thereby that the plaintiff had committed adultery with his brother’s wife for a number of years, meaning the…
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Tort for slander. The declaration alleged that the defendant, on November 10, 1879, at Springfield, “ publicly, falsely and maliciously accused the plaintiff of the crime of adultery, by words spoken of the plaintiff to one Mrs. William Brown, substantially as follows, to wit: ‘ Mr. Harvey Adams was intimate with his brother’s wife for a number of years; ’ (meaning thereby that the plaintiff had committed adultery with his brother’s wife for a number of years, meaning the wife of Lewis Adams.) ” The defendant demurred to the declaration, on the ground that it did not state a legal cause of…
1Opinion of the CourtEndicott, J.
The demurrer was properly sustained. The words charged in the declaration as spoken by the defendant do not in themselves impute or imply the commission of a crime. *434They merely state that the plaintiff was intimate with his brother’s wife for a number of years. If the plaintiff intended to prove that the words, as used by the defendant, charged him with the commission of adultery with his brother’s wife, he should have alleged the facts, circumstances or conversation in connection with -which they were spoken and which gave to them this special and peculiar meaning. The innuendo is wholly…
2Cases cited3 opinions
- Brettun v. AnthonyMassachusetts Supreme Judicial Court · 1869
- York v. JohnsonMassachusetts Supreme Judicial Court · 1875
- Goodrich v. HooperMassachusetts Supreme Judicial Court · 1867
3Cited by6 opinions
- Craig v. ProctorMassachusetts Supreme Judicial Court · 1918
- McCallum v. LambieMassachusetts Supreme Judicial Court · 1887
- King v. Northeastern Publishing Co.Massachusetts Supreme Judicial Court · 1936
- Commonwealth v. SzliakysMassachusetts Supreme Judicial Court · 1926
- MacDonough v. A. S. Beck Shoe Corp.Superior Court of Delaware · 1939
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