Carpenter v. Bailey
Supreme Court of New Hampshire
From Rockingham Circuit Court. Case for libel. Trial before Rand, J., and a jury, at tlie October term, 1874. The declaration alleges that on April 20,1869, the plaintiff was a paymaster in the navy, stationed as purchasing agent at Portsmouth; that by the rules of the navy department he was entitled to remain on that station three years; and that the defendant, contriving, etc., published of him the following libel: “ To the Honorable the Senators and Members of the House…
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From Rockingham Circuit Court. Case for libel. Trial before Rand, J., and a jury, at tlie October term, 1874. The declaration alleges that on April 20,1869, the plaintiff was a paymaster in the navy, stationed as purchasing agent at Portsmouth; that by the rules of the navy department he was entitled to remain on that station three years; and that the defendant, contriving, etc., published of him the following libel: “ To the Honorable the Senators and Members of the House of Representatives in Congress from New Hampshire: “ The undersigned, after much patience has been exhausted, beg to…
1Opinion of the Court
FROM ROCKINGHAM CIRCUIT COURT. It is a sufficient answer to the objection against admitting secondary evidence of the existence and contents of the alleged libellous writing, that the original was shown to be beyond the jurisdiction of the court. Burnham v. Wood, 8 H.H. 334; Little v. Paddleford, 13 N.H. 167; Woods v. Banks, 14 N.H. 101; Lord v. Staples, 23 N.H. 448; Beattie v. Hilliard,55 N.H. 428.
There was evidence from which the court might well find authority on the part of Admiral Porter to write the letter which the plaintiff received, with a copy of the supposed libel, on behalf of the…
2Cases cited5 opinions
- Woods v. BanksSuperior Court of New Hampshire · 1843
- Palmer v. City of ConcordSupreme Court of New Hampshire · 1868
- Beattie v. HilliardSupreme Court of New Hampshire · 1875
- Little v. PaddlefordSuperior Court of New Hampshire · 1842
- Lord v. StaplesSuperior Court of New Hampshire · 1851
3Cited by2 opinions
- State v. WrenSupreme Court of New Hampshire · 1914
- King v. HopkinsSupreme Court of New Hampshire · 1876