Sayre v. Sayre
Supreme Court of New Jersey
Error to the Essex Pleas. The action was originally commenced in the Court of Common Pleas of the County of Essex, by Anthony L. Sayre, the defendant in error, against Brooks Sayre, for slander. The slanderous words set out in the declaration imjrated to the defendant the crime of 'larceny. The defendant pleaded the general issue.
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Error to the Essex Pleas. The action was originally commenced in the Court of Common Pleas of the County of Essex, by Anthony L. Sayre, the defendant in error, against Brooks Sayre, for slander. The slanderous words set out in the declaration imjrated to the defendant the crime of 'larceny. The defendant pleaded the general issue. The only error assigned was founded on a bill of exceptions, sealed on the trial of the cause, as follows: Which said issue, in manner aforesaid joined between the said Anthony L.-Sayre and Brooks Sayre, afterwards, to wit, at the term of January, in the year of our…
1Opinion of the Court
The Chief Justice.
In an action for slanderous words charging the plaintiff with larceny, the defendant, on the trial, offered in evidence, in mitigation of damages, the general bad character of the plaintiff before and at the time of the alleged slander. The court admitted the evidence, so far as it related to the plaintiff’s character foi honesty and integrity, but rejected evidence of his general bad character. This constitutes the ground oi error.
Two questions are necessarily involved in the determination of the error assigned, viz.: 1. Whether in an action *239of slander, evidence of the…
2Cases cited7 opinions
- Douglass v. TouseyNew York Supreme Court · 1829
- King v. RootCourt for the Trial of Impeachments and Correction of Errors · 1829
- Birchard v. BartletMassachusetts Supreme Judicial Court · 1817
- Bailey v. HydeSupreme Court of Connecticut · 1820
- Hamer v. McFarlinNew York Supreme Court · 1847
2 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Price v. PhillipsNew Jersey Superior Court Appellate Division · 1966
- United States v. GenoveseDistrict Court, D. New Jersey · 1955