Houghtaling v. Kelderhouse
New York Supreme Court
This was an action of slander, for charging the plaintiff with having killed the defendant’s hdrses by administering poison to them. The defendant pleaded not guilty, and gave notice of justification. The cause came on for trial at the Albany ciróuit in June, 1845. On the trial the plaintiff proved the speaking of the words as laid in the declaration.
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This was an action of slander, for charging the plaintiff with having killed the defendant’s hdrses by administering poison to them. The defendant pleaded not guilty, and gave notice of justification. The cause came on for trial at the Albany ciróuit in June, 1845. On the trial the plaintiff proved the speaking of the words as laid in the declaration. The defendant then proved that his horses had been poisoned, and died in consequence thereof on the night of the 6th of November, 1844. The defendant also proved, that, in July, previous to the poisoning, there had been a difficulty between the…
1Opinion of the Court
By the Court, Parker, J.
It cannot be necessary to refer to cases, to show that the judge was right in not permitting the plaintiff to prove his own declarations, made in the absence of the defendant, and in a conversation different from that previously proved on the other side. The general and well settled rule that forbids a party making his declarations evidence in his own favor was clearly applicable. Nothing had been proved on the part of the defendant to bring the evidence offered within any exception to that rule.
But the principal point made by the plaintiff, in moving for a new trial,…
2Cases cited4 opinions
- Gough v. St. JohnNew York Supreme Court · 1837
- Humphrey v. HumphreySupreme Court of Connecticut · 1828
- Ruan v. PerryNew York Supreme Court · 1805
- Anderson's Executors v. LongSupreme Court of Pennsylvania · 1823
3Cited by8 opinions
- Howland v. George F. Blake Manufacturing Co.Massachusetts Supreme Judicial Court · 1892
- Hitchcock v. MooreMichigan Supreme Court · 1888
- Stafford v. Morning Journal Ass'nNew York Court of Appeals · 1894
- Pratt v. . AndrewsNew York Court of Appeals · 1851
- Prescott v. TouseyThe Superior Court of New York City · 1884
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