Legal Opinion

Lamos v. Snell

Superior Court of New Hampshire

Decided December 15, 1833PublishedCited by 2 opinions

Case for slander. The words set out In the declaration were, “ that old thievish Moses Lamos stole my pork, which I had in my barn, for I tracked him.” The action was tried in the common pleas, January term, 1833, upon the general issue, when the defendant, with a view of reducing the damages, proposed to en-quire into the plaintiff’s general character as a virtuous and honest man, or otherwise.

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Case for slander. The words set out In the declaration were, “ that old thievish Moses Lamos stole my pork, which I had in my barn, for I tracked him.” The action was tried in the common pleas, January term, 1833, upon the general issue, when the defendant, with a view of reducing the damages, proposed to en-quire into the plaintiff’s general character as a virtuous and honest man, or otherwise. He also offered to prove, that for a long time previous to the speaking of the words, the plaintiff had been in the habit of harboring and associating with persons generally reputed to be thieves in…

1Opinion of the CourtParker, J.

The ruling of the court, by which the defendant was precluded from introducing evidence to show that the plaintiff had been in the habit of harboring persons reputed to be thieves, and that he knew they were so reputed, was correct.

If such has been the fact, the plaintiff’s general reputation must be bad, and the defendant may have the full benefit of it upon the general inquiry ; but evidence of particular facts, not immediately connected with the charge, such as who have, or have not, been inmate* *415with the plaintiff, and the reputation of those persons, he cannot be supposed to have come…

2Cases cited5 opinions

  1. Gilman v. LowellNew York Supreme Court · 1832
  2. Mapes v. WeeksNew York Supreme Court · 1830
  3. Treat v. BrowningSupreme Court of Connecticut · 1822
  4. Birchard v. BartletMassachusetts Supreme Judicial Court · 1817
  5. Bailey v. HydeSupreme Court of Connecticut · 1820

3Cited by2 opinions

  1. Dame v. KenneySuperior Court of New Hampshire · 1852
  2. Severance v. HiltonSuperior Court of New Hampshire · 1851

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