Clemmons v. Danforth
Supreme Court of Vermont
Slander. Plea, the general issue. Trial by jury at the June term, 1892, Bennington county, Munson, J., presiding. Verdict and judgment for the defendant. The plaintiff excepts. The defendant was not privileged until the hearing actually began. Trolman v. Dunn, 4 Camp. 211; Lyman v. Gowing, 6 L. R. Ir. 259. There is no privilege as to words not pertinent ■ to the issue.
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Slander. Plea, the general issue. Trial by jury at the June term, 1892, Bennington county, Munson, J., presiding. Verdict and judgment for the defendant. The plaintiff excepts. The defendant was not privileged until the hearing actually began. Trolman v. Dunn, 4 Camp. 211; Lyman v. Gowing, 6 L. R. Ir. 259. There is no privilege as to words not pertinent ■ to the issue. Brown v. Hathaway, 95 Mass. 239 ; Hoar v. Wood, 44 Mass. 193 ; Gilbert v. Beofle, 1 Denio 41. The occasion was privileged, and the privilege extended to whatever was said on that occasion. Buckley v. Wood, Cro. Eliz. 240; 16…
1Opinion of the CourtRoss, C. J.
The plaintiff is a practicing physician. He presented a claim against his father-in-law’s estate for professional services rendered to the intestate and his wife. The defendant is an heir to the estate and interested to have defeated the allowance of unjust claims against it. The action is slander. The declaration charges, and the plaintiff’s testimony tended to establish, that at the second' meeting of the Commissioners for the allowance of claims against the estate, upon the presentation by the plaintiff of an itemized account of his claim, the defendant, in the presence of the…
2Cases cited18 opinions
- Hamilton v. . EnoNew York Court of Appeals · 1880
- Terwilliger v. . WandsNew York Court of Appeals · 1858
- Hastings v. LuskCourt for the Trial of Impeachments and Correction of Errors · 1839
- McAllister v. Detroit Free Press Co.Michigan Supreme Court · 1889
- Rice v. CoolidgeMassachusetts Supreme Judicial Court · 1876
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3Cited by9 opinions
- Myers v. HodgesSupreme Court of Florida · 1907
- Abraham v. BaldwinSupreme Court of Florida · 1906
- Comstock's v. JacobsSupreme Court of Vermont · 1911
- Flynn v. BoglarskyMichigan Supreme Court · 1911
- Mathewson v. MathewsonSupreme Court of Vermont · 1908
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