McIntire v. Levering
Massachusetts Supreme Judicial Court
Tort for malicious prosecution for larceny. At the trial in the Superior Court, before Thompson, J., the plaintiff, as part of her case, was allowed, against the defendant’s objection, to introduce in evidence the testimony of witnesses to show her general reputation in the community for honesty of character.
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Tort for malicious prosecution for larceny. At the trial in the Superior Court, before Thompson, J., the plaintiff, as part of her case, was allowed, against the defendant’s objection, to introduce in evidence the testimony of witnesses to show her general reputation in the community for honesty of character. The defendant introduced evidence tending to show that on the day of the larceny, July 27, 1887, he was absent from his house, and that upon his return the next morning one Madden, his hired man, informed him that his (Madden’s) wife had confessed to him that she, in company with the…
1Opinion of the CourtKnowlton, J.
There is some conflict of authority as to the competency of evidence of the reputation of the plaintiff in a trial of an action for malicious prosecution. There are many cases in which it is held that in actions of this kind, as in actions of slander, the general bad reputation of the plaintiff may be shown in mitigation of damages. There are also decisions, that in suits for malicious prosecution such reputation may be shown to meet the allegation of want of probable cause. Bacon *548v. Towne, 4 Cush. 217, 241. Pullen v. Glidden, 68 Maine, 559. Barron v. Mason, 31 Vt. 189. Rodriguez v. Tadmire,…
2Cases cited7 opinions
- Gregory v. ChambersSupreme Court of Missouri · 1883
- Barron v. MasonSupreme Court of Vermont · 1858
- Israel v. BrooksIllinois Supreme Court · 1860
- Woodworth v. MillsWisconsin Supreme Court · 1884
- Rosenkrans v. Barker.Illinois Supreme Court · 1885
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3Cited by25 opinions
- Stubbs v. MulhollandSupreme Court of Missouri · 1902
- Louisville & Nashville Railroad v. OwensCourt of Appeals of Kentucky · 1915
- Martin v. CorscaddenMontana Supreme Court · 1906
- Commonwealth v. BishopMassachusetts Supreme Judicial Court · 1937
- McIntosh v. WalesWyoming Supreme Court · 1913
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