8 N.H. 256 | Superior Court of New Hampshire | 1836
It has sometimes been thought necessary to explain by inuendo almost every word set forth in a declaration for slander; and where the language was most simple, and from the context not liable to be misunderstood, the record has been overloaded with inuendos. It is undoubtedly best in all cases of doubt to insert an inuendo, in order clearly to affix the slanderous meaning of the words uttered; but where the interpretation of the language used is apparent of itself, an inuendo is useless. 8 Mass. Rep. 255, Walker vs. Winn. The only office of t he inuendo is to state the meaning of what precedes it, so as to show, upon the face of the declaration, the precise slander which has been uttered by the defendant. Cowp. 277, Peake vs.
In the present case it is contended that the inuendo enlarges the sense, in setting forth that by the allegation that the plaintiff had taken things, the defendant meant that the plaintiff had fraudulently and dishonestly taken goods ; and it is argued, that there should have been an averment, that there was a colloquium respecting the plaintiff’s having fraudulently taken goods.
That the plaintiff had “taken things,” certainly does not, standing alone, and by the mere force of the expression, import that he had fraudulently taken goods ; and unless there is something in the precedent averments, or in the context, by which this alleged meaning is upheld, the inu-endo has enlarged the sense of the words. But if this part of the language used, taken in connexion with the other words set forth as having been used at the same time, and the preceding averments, might naturally import the sense affixed to it by the inuendo, without the aid of other matter not appearing in the declaration, then the inuendo is not objectionable.
The declaration alleges in substance that the plaintiff was a trader, and that the defendant, contriving to defame and injure him in his trade, in a conversation of and concerning the plaintiff in his business as a trader, spoke and published of him, in his said calling and business, certain words, and among them, that the person to whom he was speaking had done well in dissolving partnership with the plaintiff, for if
Similar remarks ape applicable to the inuendo, that by dishonest fellow was meant dishonest in the business of a trader. In a conversation averred to have been concerning
Judgment on the verdict.