Clarke v. Zettick

• Decision Date: 08 January 1891
• Parties: CLARKE v. ZETTICK.
• Court: United States State Supreme Judicial Court of Massachusetts Supreme Court

153 Mass. 1

26 N.E. 234

CLARKE v. ZETTICK.

Supreme Judicial Court of Massachusetts, Bristol.

January 8, 1891

Appeal from superior court, Bristol county.

HEADNOTES

Libel and Slander 86(2)

237 ----

237IV Actions

237IV(B) Parties, Preliminary Proceedings, and Pleading

237k79 Declaration, Complaint, or Petition

237k86 Innuendoes

237k86(2) Necessity and Propriety.

A declaration for slander in charging plaintiff with forgery by the words, spoken of plaintiff, "if you have any receipts different from what I have read, you have forged them," alleging that defendant presented an account for rent against plaintiff, in which were certain credits; that plaintiff said he had receipts not credited to him in the account, and then produced such receipts, whereupon defendant spoke the words above,--is sufficient, on general demurrer under Pub.St. c. 167, § 91, making innuendoes unnecessary and requiring only a clear statement of such things as are necessary to make the words relied on intelligible in the sense in which they were spoken.

COUNSEL

L. Le B. Holmes and E.D. Stetson, for plaintiff.

R.F Raymond, for defendant.

OPINION

W. ALLEN, J.

In the schedule forms in the practice act, (Pub.St. c. 167, § 91,) it is provided that, in a declaration for slander, the words shall be set forth, and that no innuendoes are necessary, and that, if further explanations or references to facts understood but not mentioned, or parts of the conversation not mentioned, are necessary to the understanding of the words, the declaration shall contain a concise and clear statement of such things as are necessary to make the words relied on intelligible to the court and jury in the same sense in which they were spoken. The declaration alleges that the defendant accused the plaintiff of the crime of forgery by the words spoken of the plaintiff, "If you have any receipts different from what I have read you have forged them." These words may or may not import a charge of forgery. The sense in which they were spoken, the meaning which they would naturally bear to those by whom they were heard, must be found in the context and the attending facts. The declaration alleges, in substance, that the defendant presented an account for rent against the plaintiff, in which the plaintiff was credited with certain payments; that the plaintiff said he had receipts for payments not credited to him in the account. If this had been all, the...