Lucas v. . Nichols
Supreme Court of North Carolina
Action of slander, tried before Caldwell, J., a¥ tke'J'L&áf!> Fall Term of Montgomery Superior Court. The plaintiff was a single woman. The words alleged in the declaration were, that “ he,” the defendant, “ would give any one twenty-five dollars that would get her (the plaintiff) a young one.”
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Action of slander, tried before Caldwell, J., a¥ tke'J'L&áf!> Fall Term of Montgomery Superior Court. The plaintiff was a single woman. The words alleged in the declaration were, that “ he,” the defendant, “ would give any one twenty-five dollars that would get her (the plaintiff) a young one.” The words were spoken in October, 1856. Further, it was alleged and stated by two witnesses, that the day after Christmas, 1856, the defendant said of the plaintiff, “ she had got a new sweet-heart, Wesley Dean’s Pete ; it used to be Ben Lucas and sometimes Jake Calicoatthat all three of these persons,…
1Opinion of the CourtManly, J.
The evidence offered by the plaintiff on the trial of this cause, and rejected by the Court, was properly rejected.
The bond taken by the defendant to indemnify himself against an adverse result of the suit, was offered as pertinent to prove the plaintiff’s case- — the speaking of the words. If pertinent at all, it must be as an admission of guilt, and we do not think such an interpretation can be fairly put upon it. While it has been held of late, and especially by the American courts, that admissions of a certain class, made upon a negotiation for a compromise, are competent, mere…
2Cited by13 opinions
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