Pallet v. Sargent
Supreme Court of New Hampshire
Case for slander. The declaration set forth in due form words spoken by the defendant, charging the plaintiff with having committed adultery with the wife of one Whitney, with rape upon Whitney’s wife, and also with rape upon one Malinda JS. Hoag.
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Case for slander. The declaration set forth in due form words spoken by the defendant, charging the plaintiff with having committed adultery with the wife of one Whitney, with rape upon Whitney’s wife, and also with rape upon one Malinda JS. Hoag. The defendant pleaded the general issue, and moved for leave to file a brief statement, that upon trial he would offer evidence, in mitigation of damages, that the plaintiff had repeatedly admitted and stated that he had criminal intercourse at different times with Hoag; also, evidence that the plaintiff had attempted to commit a rape on Hoag and…
1Opinion of the CourtPeeley, C. J.
The words laid in the declaration charge that the plaintiff committed the crime of adultery with the wife of Whitney, and rape upon her and Melinda B. Hoag ? The defendant by his statement offered to prove :
1. That the plaintiff had repeatedly admitted and stated that he had had criminal intercourse with Melinda B. Hoag.
2. That he had attempted to commit the crime of rape on the wife of Whitney, and on Melinda B. Hoag.
3. That he had repeatedly admitted and boasted that he had had adulterous intercourse with other females residing in the neighborhood of the parties.
Matter in mitigation of…
2Cases cited5 opinions
- Byrket v. MonohonIndiana Supreme Court · 1844
- Wagner v. HolbrunnerCourt of Appeals of Maryland · 1848
- Sanford v. GaddisIllinois Supreme Court · 1851
- McAllister v. SibleySupreme Judicial Court of Maine · 1845
- Ridley v. PerrySupreme Judicial Court of Maine · 1839
3Cited by2 opinions
- Duchesnaye v. Munro Entersprises, Inc.Supreme Court of New Hampshire · 1984
- Piper v. Boston & Maine RailroadSupreme Court of New Hampshire · 1909