Prettyman v. Shockley

The Court.

—The words laid, if proved, with proof also of special damage, are actionable. The action of slander may be sustained, 1st. On a charge of a crinie, (without proof of special damage or malice.) 2d. On charges against persons in a particular profession, (without such proof.) 3d. On charges not actionable of themselves, but which become actionable bytreason of special damage sustained. (In which case the special damage must be alledged, and proved as alledged.)

The plaintiff in this case has set out as special damage, that certain creditors (naming them) viz., A. B. C. & I)., who would otherwise have forborne and given day and time to said Wingate to pay them, refused to give time and day of payment; but on the contrary, proceeded to levy and make, and did levy and make, their several *114 debts by sale of the goods of said Wingate Prettyman *, and by such sale deprived him of said goods. It is objected that plaintiff cannot recover under this allegation of special damage, because the proof shows that there was no sale of the goods. But may he not recover damages for so much as is proved 1 If the plaintiff’s creditors were by the slander set upon him; and proceeded, when otherwise they would have given time, the damage is proved so far, and plaintiff may recover to that extent. He can prove no damage not laid; but it does not follow that he must prove all the damage laid, or fail altogether.

Nonsuit refused; and verdict for plaintiff, six cents damages.