Adams v. Stone

Massachusetts Supreme Judicial Court

Adams v. Stone

131 Mass. 433, 1881 Mass. LEXIS 279

CourtMassachusetts Supreme Judicial Court

DecidedOctober 21, 1881

StatusPublished

Cited by6 cases

This text of 131 Mass. 433 (Adams v. Stone) is published on Counsel Stack Legal Research, covering Massachusetts Supreme Judicial Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Adams v. Stone, 131 Mass. 433, 1881 Mass. LEXIS 279 (Mass. 1881).

Pincite

Opinion

Endicott, 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. [434]*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 insufficient for that purpose; it does not enlarge the meaning of the words beyond their natural import. It must appear from the declaration that the words used are actionable. Bloss v. Tobey, 2 Pick. 320. Tebbetts v. Goding, 9 Gray, 254. Goodrich v. Hooper, 97 Mass. 1. Brettun v. Anthony, 103 Mass. 37. York v. Johnson, 116 Mass. 482. Krebs v. Oliver, 12 Gray, 239. Fowle v. Robbins, 12 Mass. 498. Goodrich v. Davis, 11 Met. 473. Carter v. Andrews, 16 Pick. 1.

Judgment affirmed.

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Endicott, 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. [434]*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 insufficient for that purpose; it does not enlarge the meaning of the words beyond their natural import. It must appear from the declaration that the words used are actionable. Bloss v. Tobey, 2 Pick. 320. Tebbetts v. Goding, 9 Gray, 254. Goodrich v. Hooper, 97 Mass. 1. Brettun v. Anthony, 103 Mass. 37. York v. Johnson, 116 Mass. 482. Krebs v. Oliver, 12 Gray, 239. Fowle v. Robbins, 12 Mass. 498. Goodrich v. Davis, 11 Met. 473. Carter v. Andrews, 16 Pick. 1.

Judgment affirmed.

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131 Mass. 433, 1881 Mass. LEXIS 279, Counsel Stack Legal Research, https://law.counselstack.com/opinion/adams-v-stone-mass-1881.

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