Chesley v. Chesley
Superior Court of New Hampshire
Assumpsit, upon an alleged breach of a marriage contract. The action alone was referred, and the referees reported in favor of the plaintiff, and awarded her five hundred dollars damages.
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Assumpsit, upon an alleged breach of a marriage contract. The action alone was referred, and the referees reported in favor of the plaintiff, and awarded her five hundred dollars damages. On the return of the report, the defendant moved the court to set it aside : 1. Because the plaintiff offered evidence, to enhance damages, that the defendant had charged her with being unchaste, which was objected to by the defendant, hut received by the referees. 2. Because the plaintiff offered evidence to prove her general good character, which was objected to by the defendant, hut admitted. From the…
1Opinion of the CourtParker, C. J.
The report of the referees is regularly returned, and the burden of proof is upon the defendant, to show cause why it should be rejected. He shows that evidence of slanderous matter was admitted by the referees, which was of a character, if true, to furnish the foundation of another action, in favor of the plaintiff against the defendant. But this of itself furnishes no cause for setting aside the award.
In actions at law, for slander, evidence of actionable words, not stated in the declaration, may be admitted, to show the malice of the defendant in uttering the words upon which the action is…
2Cases cited1 opinion
- Matthews v. HuntleySuperior Court of New Hampshire · 1838
3Cited by2 opinions
- Baker v. MerrifieldSuperior Court of New Hampshire · 1843
- Greenleaf v. McColleySuperior Court of New Hampshire · 1843