Smith v. Hollister
Supreme Court of Vermont
Case for slander. The substance of the several counts of the declaration was, that at the time of the committing of the grievances therein mentioned, the plaintiffs were merchants, doing business in Pawlet, under the name of the “ New England Protective Union, Division No. 280,” and that the defendant, on the 27th day of August, 1855, and on divers days between that time and the commencement of this suit, to injure them in their business and credit, falsely and maliciously…
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Case for slander. The substance of the several counts of the declaration was, that at the time of the committing of the grievances therein mentioned, the plaintiffs were merchants, doing business in Pawlet, under the name of the “ New England Protective Union, Division No. 280,” and that the defendant, on the 27th day of August, 1855, and on divers days between that time and the commencement of this suit, to injure them in their business and credit, falsely and maliciously said of them, “ Division No, 230 (meaning the plaintiffs) must run under at least two thousand dollars; they must run…
1Opinion of the CourtPoland, J.
I. The written admission or affidavit signed and sworn to by Brown, one of the plaintiffs, was correctly admitted as evidence. He was one of the plaintiffs of record, and, for aught *703that appears a party in interest equally with the other plaintiffs.
The proper weight to he given to the paper as evidence of the facts stated in it, was wholly a question for the jury, and if the fact that it was drawn up by the defendants’ attorney had any tendency to induce a belief that it was unfairly obtained or was not a fair and truthful statement, all this was proper matter of argument to the jury as to…
2Cases cited7 opinions
- Olmsted v. MillerNew York Supreme Court · 1828
- Skinner v. GrantSupreme Court of Vermont · 1840
- Smith v. MilesSupreme Court of Vermont · 1843
- Haselton v. WeareSupreme Court of Vermont · 1836
- Cummins v. ButlerIndiana Supreme Court · 1833
2 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Fleet v. TichenorCalifornia Supreme Court · 1909
- Posnett v. MarbleSupreme Court of Vermont · 1890
- Kidder v. BaconSupreme Court of Vermont · 1902
- Waln v. PutnamSouth Dakota Supreme Court · 1972
- Tarbell & Whitham v. GiffordSupreme Court of Vermont · 1909
5 more not listed; retrieve them via the Exa API.