Lynch v. Peabody
Massachusetts Supreme Judicial Court
Tort for libel, in accusing the plaintiff of having uttered certain forged bonds. Trial in the Superior Court, without a jury, before Barker, J., who allowed a bill of exceptions, in substance as follows: "The defendants gave evidence of the truth of the accusation in the alleged libel.
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Tort for libel, in accusing the plaintiff of having uttered certain forged bonds. Trial in the Superior Court, without a jury, before Barker, J., who allowed a bill of exceptions, in substance as follows: "The defendants gave evidence of the truth of the accusation in the alleged libel. There was evidence tending to show that the bonds referred to in the alleged libel were uttered by the plaintiff; that some of the signatures of the obligors were written by the plaintiff without their knowledge and without any authority; that others of the signatures of the obligors were written by him under,…
1Opinion of the Court
By the Court.
The omission of the plaintiff to testify in explanation of testimony against him, given by others in his presence, was a proper matter of consideration by the court and of comment by the opposing counsel.
If this were otherwise, the plaintiff should have taken his objection at the trial, and he could not raise the question for the first time upon a motion for a new trial, so as to make it the ground of an exception. Caverly v. McOwen, 126 Mass. 222.
Exceptions overruled.
2Cases cited1 opinion
- Caverly v. McOwenMassachusetts Supreme Judicial Court · 1879
3Cited by6 opinions
- Akin v. StateSupreme Court of Florida · 1923
- City of Kennett v. Katz Construction Co.Supreme Court of Missouri · 1918
- Huebel v. BaldwinSupreme Court of Rhode Island · 1923
- Kerr v. McKennaSupreme Court of Rhode Island · 1937
- Spahn v. Peoples Railway Co.Superior Court of Delaware · 1912
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