Palmer v. Dimick
Supreme Court of New Hampshire
Case, for slander. Trial by jury and verdict for the plaintiff. Transferred from the October term, 1915, of the superior court by Sawyer, J. The alleged slander consisted of remarks by the defendant reflecting upon the honesty of the plaintiff in his business dealings.
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Case, for slander. Trial by jury and verdict for the plaintiff. Transferred from the October term, 1915, of the superior court by Sawyer, J. The alleged slander consisted of remarks by the defendant reflecting upon the honesty of the plaintiff in his business dealings. It appeared in evidence that one Heaton, who was a witness for the defendant, had previously sued the plaintiff for stealing two notes from him, and that that action had been tried before a master, who had filed his report, but that no judgment had been rendered thereon. During the cross-examination of Abbott, who had shown…
1Opinion of the CourtWalker, J.
The defendant’s witness, Abbott, upon cross-examination testified that he took considerable interest in favor of Heaton in the trial of the former case of Heaton v. Palmer, as well as in the trial of the present action, in which Heaton was a witness. The witness having referred to the case of Heaton v. Palmer, the defendant’s counsel said “We have got that tried and got a decision?” That this statement of counsel was incompetent and prejudicial cannot be doubted. It in effect told the jury that Palmer was successful in Heaton’s suit against him, the pendency of which suit had been previously…
2Cases cited6 opinions
- Story v. Concord & Montreal RailroadSupreme Court of New Hampshire · 1900
- Batchelder v. Manchester Street RailwaySupreme Court of New Hampshire · 1903
- Lee v. DowSupreme Court of New Hampshire · 1904
- Connecticut River Power Co. v. DickinsonSupreme Court of New Hampshire · 1909
- Felch v. WeareSupreme Court of New Hampshire · 1891
1 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- State v. ScarlettSupreme Court of New Hampshire · 1978
- Rosumny v. MarksOregon Supreme Court · 1926
- Brigham v. Hudson Motors, Inc.Supreme Court of New Hampshire · 1978
- Fuller v. Maine Central RailroadSupreme Court of New Hampshire · 1917
- State v. LajoieSupreme Court of New Hampshire · 1929