Parke v. Blackiston
Superior Court of Delaware
Actiost on the case for words. I The narr. set out the slander.in numerous counts, all amounting, lowever, to a charge that Parke broke open a letter placed in his lands by defendant to deliver to another, and stole from it ten dollars. In some of the counts there was added a charge, that this was lot the first time he had been guilty of a like offence.
Read the full summary
Actiost on the case for words. I The narr. set out the slander.in numerous counts, all amounting, lowever, to a charge that Parke broke open a letter placed in his lands by defendant to deliver to another, and stole from it ten dollars. In some of the counts there was added a charge, that this was lot the first time he had been guilty of a like offence. The de-ndant pleaded, not guilty, and justification on the truth of the words spoken; and at the trial, on motion, withdrew the plea of not guilty, and stood alone on the justification. When the defendant had closed his testimony, the…
1Dissent
on the ground that the charge was not only of a specific act of dishonesty, but impeached the plaintiff's character generally. On this account he was for admitting proof of character on the part of the plaintiff to meet this general imputation. The words laid in one count and justified by the plea are: "He robbed my sister's letter — I can prove it — and it is not the first time he has done this thing." He admitted that the current of English authorities was against admitting evidence of character: but he thought the American authorities were contrary. (2 Stark. Ev. 216, 471; 2 Russ. 703; 3…
2Cases cited2 opinions
- Smith v. Philadelphia, Baltimore & Washington RailroadSuperior Court of Delaware · 1921
- Griffith v. GriffithSuperior Court of Delaware · 1919