Carpenter v. Bailey
Supreme Court of New Hampshire
From Rockingham Circuit Court. Case for libel. Trial before Rand, J., and a jury, at tlie October term, 1874. The declaration alleges that on April 20,1869, the plaintiff was a paymaster in the navy, stationed as purchasing agent at Portsmouth; that by the rules of the navy department he was entitled to remain on that station three years; and that the defendant, contriving, etc., published of him the following libel: “ To the Honorable the Senators and Members of the House…
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From Rockingham Circuit Court. Case for libel. Trial before Rand, J., and a jury, at tlie October term, 1874. The declaration alleges that on April 20,1869, the plaintiff was a paymaster in the navy, stationed as purchasing agent at Portsmouth; that by the rules of the navy department he was entitled to remain on that station three years; and that the defendant, contriving, etc., published of him the following libel: “ To the Honorable the Senators and Members of the House of Representatives in Congress from New Hampshire: “ The undersigned, after much patience has been exhausted, beg to…
1Concurrence
In the case of Beattie v. Hilliard, 55 N.H. 428, it was held that a sufficient foundation is laid for the introduction of secondary evidence, by showing that the original paper is beyond the jurisdiction of the court. It appears, also, in this case, that the plaintiff went to the proper repository where this paper was kept, and where he left it before, and that on thorough search being made it could not be found. The witness having stated these facts positively, and his means of knowing the fact not being inquired into, the cases of Dickinson v. Lovell, 35 N.H. 9, and Pearson v. Wheeler, 55…
2Cases cited5 opinions
- State v. BurnhamSuperior Court of New Hampshire · 1837
- Beattie v. HilliardSupreme Court of New Hampshire · 1875
- Carpenter v. BaileySupreme Court of New Hampshire · 1873
- Dickinson v. LovellSupreme Court of New Hampshire · 1857
- Pearson v. WheelerSupreme Court of New Hampshire · 1874