Lathrop v. Hyde
New York Supreme Court
Error from the Otsego C. P. Susannah Hyde sued James E. Lü-throp, in an action of slander, for charging her with having stolen a quantity of flannel. The defendant had obtained a search warrant and took it to a constable to serve.
Read the full summary
Error from the Otsego C. P. Susannah Hyde sued James E. Lü-throp, in an action of slander, for charging her with having stolen a quantity of flannel. The defendant had obtained a search warrant and took it to a constable to serve. On the trial of the cause the plaintiff called the constable (J. Ta-nner,) as a witness, and offered to prove by him what was said by the defend-ant on that occasion. .The counsel for the defendant objected to the admissibility of the evidence, insisting that the communication then made must be considered as privileged. The court ruled they would hear the testimony,…
1Opinion of the Court
By the Court,
Nelson, C. J.
Although the words were spoken to the constable, while the defendant was in the course of proceeding criminally against the plaintiff, they were not necessarily to be regarded as privileged.
So far as the communication was essential or even material as to the regular execution of the process, it was privileged ; and courts and juries should be liberal in their indulgence to this extent. Full scope should be extended to all concerned in the bona fide administration of criminal law. But as the proceeding may be used as a cover for the indulgence of private malice, the…
2Cases cited2 opinions
- Howard v. ThompsonNew York Supreme Court · 1839
- Kean v. M'LaughlinSupreme Court of Pennsylvania · 1816