Pasch. 2 Car.
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. But here the words do not go so far: and he has not said that he was a tradesman; but only that he is an honest subject and gets his living by buying and selling; and all the court thought that judgment ought to be arrested. It would would have been otherwise, if he had been a tradesman.
Doderidge, J.
The 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.
Jones, J.
He will break shortly may be actionable; but I will make him break shortly is not.
Crew, C. J. agreed.
And a day was given to shew cause why judgment should not be arrested. Marshall vs. Allen. Noy 77. Hutton vs. Boreman. Bendl. 170.