1 N.C. 114
Decided July 1, 1793
CASE for these words: Hill is a base broken rascal, and hath broken twice already, and I will make him break a third time. It was moved in arrest of judgment that the action does not lie, because he did not say that he was a Bankrupt. Johnston’s case; Johnston is broke, the question was, whether an action lies with an innuendo that he is a bankrupt. But the parties made it up.
Decided 1793-07-01
¶1The words are not actionable. Perhaps he meant that his belly bursted open. To say: that he has broken twice is not actionable, for many persons who have been bankrupts heretofore are now able.
¶2He will break shortly may be actionable; but I will make him break shortly is not.
¶3And a day was given to shew cause why judgment should not be arrested. Marshall vs. Allen. Noy 77. Hutton vs. Boreman. Bendl. 170.