Saladino v. Gurdy
Supreme Court of New Hampshire
Action, for slander. Trial by jury and verdict for the plaintiff. Proof by the plaintiff of actual malice on defendant’s part was necessary. As tending to show it, evidence was admitted that other litigation between the parties, brought at about the time the slander was uttered, was determined in the present plaintiff’s favor. The evidence was admitted in connection with other evidence tending to show the malicious character of the litigation.
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Action, for slander. Trial by jury and verdict for the plaintiff. Proof by the plaintiff of actual malice on defendant’s part was necessary. As tending to show it, evidence was admitted that other litigation between the parties, brought at about the time the slander was uttered, was determined in the present plaintiff’s favor. The evidence was admitted in connection with other evidence tending to show the malicious character of the litigation. The defendant objected to all evidence of the litigation and its outcome and excepted to its admission. The court instructed the jury without exception…
1Opinion of the CourtPlummer, J.
The evidence tended to prove the following facts. The plaintiff and defendant had been engaged in farming operations for some two years prior to the alleged slander. On the tenth of April, 1919, the defendant came to the plaintiff’s house, when the plaintiff was away in New York on business, and demanded that the plaintiff’s wife give him a note for one thousand dollars, claiming that the plaintiff owed him that amount, although he had never rendered the plaintiff any statement showing such, or any, indebtedness. The plaintiff’s wife denied the indebtedness, and said she would go over the…
2Cases cited1 opinion
- Commonwealth v. DamonMassachusetts Supreme Judicial Court · 1884
3Cited by1 opinion
- Terrell v. PayneSupreme Court of New Hampshire · 1923