Graves against Blanchkett
| Jurisdiction | England & Wales |
| Date | 1794 |
| Court | High Court |
English Reports Citation: 87 E.R. 906
COURTS OF KING'S BENCH, CHANCERY, COMMON PLEAS, EXCHEQUER.
case 208. graves against blanchett. An action will not lie at common-law for calling an unmarried woman a whore, and therefore, if to such a charge in a declaration other words which are actionable be joined, and entire damages given, the judgment shall be arrested, although the second count alledges special damage.-S. C. 2 Salk. 696. An action on the case for words : the plaintiff declared for words spoke at several times. The first were, " She is a whore, and has had a bastard by her father's apprentice ; " alledging a colloquium; the other, " Thou art a whore, and hadst a bastard by your father's apprentice;" quorum quidem aliorum verborum propalatione, &c. such a one who courted her for a wife, and was ready to marry her, fell off: there was a verdict for the plaintiff, and intire damages. It was moved in airesi of judgment, that the first words were not actionable, the special damages being tied up to the latter words by the word aliorum. And per Curiam, if it were res nova, it were reasonable to make the first words actionable, for no greater misfortune can befall a young woman, whose well-doing depends upon her having a good husband, than to be reputed a whore; but the authorities are too many and great to run counter to them; and the reason of them is, that fornication is a spiritual offence, not punishable at common law; and an action shall not lie for charging one with an offence of which the law takes no notice, without special damages (a); and if Anne Davis's case had been pursued, as it has been contra- (a) See Clarke v. Mundal, 1 Salk. 124. 3 Salk. 68. (b) By 3 and 4 Ann. c. 9, s. 7, "If any person accept a bill of exchange for and in satisfaction of any former debt, or sum of money formerly due to him, this shall be accounted and esteemed a full and compleat payment of such debt, if such person, accepting of any such bill for his debt, do not take his due course to obtain payment of it, by endeavouring to get the same accepted and paid, &c." The due course is to demand payment at the time the bill becomes due, or to give notice within a reasonable time to the parties to whom he means to resort for payment, of its not being paid. What shall be a reasonable time was formerly considered as a matter of fact for the opinions of the jury under all the circumstances of each case, Hankey v. Trottman, 1 Black. Rep. 1, but it...
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