Legal Opinion

Gendron v. St. Pierre

Supreme Court of New Hampshire

Decided December 31, 1903PublishedCited by 4 opinions

Case, for slanderous words. Trial at the May term, 1903, of the superior court before Pike, J., who found a verdict for the plaintiff. In the first count of the declaration, the alleged slanderous words are set .out.

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Case, for slanderous words. Trial at the May term, 1903, of the superior court before Pike, J., who found a verdict for the plaintiff. In the first count of the declaration, the alleged slanderous words are set .out. The second count is as follows: “And the plaintiff in fact further says that afterwards, to wit, on said twenty-ninth day of October, 1900, at said Manchester, in certain other discourse which the said defendant then and there had with divers other good citizens of this state of and concerning the plaintiff, the said defendant, with the malicious contrivance and intention…

1Opinion of the CourtBingham, J.

In the superior court the demurrer to the declaration was overruled, subject to the defendant’s exception. Instead of entering judgment upon the demurrer, the parties were ordered to trial and a verdict was rendered for the plaintiff. The declaration contained two counts (Tenney v. Clement, 10 N. H. 52, 53, 54) ; and as the verdict was general, it is to be presumed, in the absence of a certificate from the trial court showing the contrary, that the verdict was ordered upon evidence introduced upon both counts. If, then, the demurrer should have been sustained as to either count, the verdict…

2Cases cited3 opinions

  1. Gibson v. WilliamsNew York Supreme Court · 1830
  2. Beehler v. SteeverSupreme Court of Pennsylvania · 1837
  3. Gorham v. IvesNew York Supreme Court · 1829

3Cited by4 opinions

  1. Mertens v. Wolfeboro National BankSupreme Court of New Hampshire · 1979
  2. Schaffhauser Bros. v. HemmerSupreme Court of Iowa · 1911
  3. Sisler v. MistrotCourt of Appeals of Texas · 1917
  4. Bonczar v. Suburban Propane, et al.District Court, D. New Hampshire · 1996

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