4 Wend. 537 | N.Y. Sup. Ct. | 1830
By the Court,
Special damages are not so alleged in the declaration that proof of them could be received on the trial. The general allegation of the loss of customers is not sufficient to enable the. plaintiff to shew a particular injury. (Bull. N. P. 71. Saund. 243, n. 5. 1 Str. 666.) If the plaintiff in this suit can recover at all it must be because the words are actionable in themselves. Whether they are so or not is the only question presented by the demurrer.
The words charged do not directly impeach the integrity, knowledge, skill, diligence or credit of the plaintiff. They only relate to the quality of the article which he manufactures, or in which he deals. The words in both sets of counts which relate to a particular watch, and those which are obviously mere comparisons, are clearly not actionable. No
I do not find that even an attempt has been made to sustain an action on words of comparison. To say that the watches manufactured by the plaintiff are inferior to those made by any other particular manufacturer, can never be held actionable where no special damages result therefrom, without embarrassing the freedom of judgment in matters of private concern, and making errors of opinion in relation to the common and necessary transactions of life a fruitful source of litigation.
It only remains to determine whether an action can be maintained for those words which allege that the plaintiff’s watches were not good, or were bad. Good and bad are generally terms of comparison. The same article may be called, not inaccurately, good when compared with one of the same kind of a much inferior quality; and it may, with equal correctness, be characterized as bad when spoken of with reference to the most perfect article of the kind. But suppose the words to be spoken positively, and not comparatively, I do not believe they are actionable per se. The
It appears to me, that when the words are spoken, not of the trader or manufacturer, but of the quality of the articles he makes or deals in, to render them actionable, per se, they must import that the plaintiff is guilty of deceit or mal-practice in the malting or vending -of them. The words used by the defendant here do not import such charge, nor do they amount to a charge of the want of skill. They do not assert that the defendant could not make or did not deal in good watches, or that he practiced any deceit in malting them by which purchasers were imposed on.
The principle on which this action must be sustained, if it be sustainable, would made a new class of words actionable ; and when applied, as it would be, to the business eommuni-s cations of every description of citizens, its practical effects would, in my judgment, be alarming.
Judgment for defendant.