Wolcott v. Hall
Massachusetts Supreme Judicial Court
. This was an action of the case against the defendant for slandering the plaintiff, by saying of him, at various times, and before different citizens, “ He has stolen, and I can prove it. He is a thief; ’ and by “ falsely and maliciously, openly and publicly, charging the plaintiff with the crime of theft.”
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. This was an action of the case against the defendant for slandering the plaintiff, by saying of him, at various times, and before different citizens, “ He has stolen, and I can prove it. He is a thief; ’ and by “ falsely and maliciously, openly and publicly, charging the plaintiff with the crime of theft.” The defendant pleads in bar, that the plaintiff stole a barrel of scraps belonging to the defendant, two hundred weight of cheese belonging to one Russel Brown, and a cord and a half of wood belonging to one Eli Green; and thereupon justifies the speaking of the words, and the making the…
1Opinion of the CourtParsons, C. J.
[After reciting the pleadings, and the evidence offered by the defendant at the trial.] This evidence the judge rejected, and in our opinion very properly. The defendant, not content to slander the plaintiff in the country, perseveres in the calumny by putting the slander on record ; and would now protect himself from damages, by proving that reports against the plaintiff’s character, imputing larceny to him, previously existed. Two of these reports the jury have found to be false; and the general report might have been discredited, if not followed by the slanderous words of the defendant…
2Cases cited1 opinion
- Larned v. BuffintonMassachusetts Supreme Judicial Court · 1807
3Cited by29 opinions
- King v. RootCourt for the Trial of Impeachments and Correction of Errors · 1829
- Inman v. FosterNew York Supreme Court · 1832
- Domchick v. Greenbelt Consumer Services, Inc.Court of Appeals of Maryland · 1952
- Earley v. WinnWisconsin Supreme Court · 1906
- Blumhardt v. RohrCourt of Appeals of Maryland · 1889
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