Matthews v. Huntley
Superior Court of New Hampshire
Case for slander. The defendant pleaded the general issue, with a brief statement as follows : “ The plaintiff will ‘ take notice, that the defendant, on the trial of the above ‘ issue, will give in evidence, and prove, that the several ‘ words, alleged in said declaration to have been spoken of ‘ and concerning the plaintiff, are true.”
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Case for slander. The defendant pleaded the general issue, with a brief statement as follows : “ The plaintiff will ‘ take notice, that the defendant, on the trial of the above ‘ issue, will give in evidence, and prove, that the several ‘ words, alleged in said declaration to have been spoken of ‘ and concerning the plaintiff, are true.” On the trial of the case, the plaintiff, to rebut the evidence introduced by the defendant to shew that the matters alleged were true, offered evidence in favor of his general good character, to the admission of which the defendant objected, he not having…
1Opinion of the CourtParker, C. J.
The plaintiff, in this case, was permitted to give evidence of his general good character, to rebut the evidence introduced on the part of the defendant to prove the truth of the charge for which the action is brought.
There are authorities which tend to support this ruling in the court below.
*148In King vs. Waring & Wife, 5 Esp. 13, which was an action for charging the plaintiff with dishonesty and misconduct, by which she had been prevented from getting a service ; Lord Alvanley permitted the plaintiff, upon the general issue, to give evidence of general good character, upon the ground that…
2Cases cited2 opinions
- Clark v. DibbleNew York Supreme Court · 1837
- Ruan v. PerryNew York Supreme Court · 1805
3Cited by3 opinions
- Folsom v. BrawnSuperior Court of New Hampshire · 1852
- Chesley v. ChesleySuperior Court of New Hampshire · 1839
- Severance v. HiltonSuperior Court of New Hampshire · 1851