Butterfield v. Buffum
Superior Court of New Hampshire
This was an action on the case for slander, tried at the October term of the common pleas, on the general issue, and a verdict found for the plaintiff.
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This was an action on the case for slander, tried at the October term of the common pleas, on the general issue, and a verdict found for the plaintiff. The declaration alleged that in a certain discourse had between the plaintiff and defendant of and concerning a suit in which one Wilbur was plaintiff against the defendant, tried at the April term of the superior court, in 1830, and in which the plaintiff was a witness, the defendant, in the hearing of divers persons, uttered and published the following words: “ You did swear falsely, and I can prove it.” There were three counts in the…
1Opinion of the CourtUpham, J.
In this case the defendant charged the plaintiff with swearing falsely, in a trial before the superior court, in testifying that the defendant and one Barker carried off a certain chest.
It does not appear that the defendant, in making the charge, always stated the particulars of the testimony complained of; but this was done in one instance, at least, and one of the counts in the declaration is founded on this allegation.
On trial, the defendant contended that these particulars were immaterial to the issue in which the testimony was given, and offered evidence to this point; but it was…
2Cases cited6 opinions
- Brooker v. CoffinNew York Supreme Court · 1809
- Ross v. RouseNew York Supreme Court · 1828
- Chapman v. SmithNew York Supreme Court · 1816
- Crookshank v. GrayNew York Supreme Court · 1823
- Power v. PriceNew York Supreme Court · 1834
1 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Robinson v. KeyserSuperior Court of New Hampshire · 1851
- Tenney v. ClementSuperior Court of New Hampshire · 1838