Inglis v. Inglis

Subject_1 Reparation Subject_2 Written Slander Subject_3 Relevancy Subject_4 Inuendo. Facts: It is no objection to the relevancy of an action for written slander that the words used are apparently perfectly innocent, if the pursuer avers and offers to prove that they were intended to convey and did convey a calumny.

This was an action of damages in respect of a circular issued by the defender to his customers in the following terms:—

Dear Sir,—William A. Inglis, who recently acted as agent for the sale of my flour in your district, intimates to me that he has got a number of my empty sacks into his possession, for which he demands payment, or as many of his sacks in lieu thereof. Presuming that these sacks must have come into his hands by some irregularity of some of my customers, I now beg you to be careful, when returning my sacks, to put on the full name and Page: 184 ↓

On the adjustment of issues it was maintained by the defender that there was no relevant matter to warrant an issue, the latter not being of a calumnious character, and the pursuer not being entitled to inuendo calumnious intent, which could on no reasonable construction be inferred from the words used. The pursuer, on the other hand, having inuendoed calumnious intent on the record, denied the competency of the Court to judge of the soundness of the inuendo.

The Court repelled the defender's objection, and granted an issue, the Lord Justice-Clerk observing that in a case of written slander, where it is alleged that a writing has been circulated, it is of no consequence whatever to represent that the terms of the letter are apparently perfectly innocent if the pursuer alleges and offers to prove that the writing conveyed, and was intended to convey, to others an injurious charge against him. The following is the issue which was adjusted.