Norton v. Ladd
Superior Court of New Hampshire
This was an action on the case for slander. The words alleged in the declaration to have been spoken of the plaintiff, by the defendant, amounted to an assertion that the plaintiff was a thief, that he stole a martin from the defendant’s trap, and that the defendant could prove it.
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This was an action on the case for slander. The words alleged in the declaration to have been spoken of the plaintiff, by the defendant, amounted to an assertion that the plaintiff was a thief, that he stole a martin from the defendant’s trap, and that the defendant could prove it. The cause was tried here upon the general issue, at November term, 1828, when the plaintiff proved that the defendant said of him, on one occasion, u Norton has stolen, and Í can prove it and upon being asked what ? he added, “ a sable out of my trap;” andón another occasion, the defendant said of the plaintiff,…
1Opinion of the Court
By the court.
It is urged, that there ought to be a new trial in this case, because the defendant was not permitted to show, that the words related to a particular act, which did not amount to larceny, and that this was known *204to the persons in whose hearing the words were uttered. And it seems to be settled, that it is admissible to show that the words related to a known transaction, not amounting to the charge, which the words would otherwise import. 4 Stark. 873 ; 12 Johns. Rep. 239, Dexter v. Taber; 1 Johns. Cases, 279, Van Rensalær v. Dole ; 1 Camp. 48 ; 3 Caine’s Rep. 91, Green v. Long.
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2Cited by2 opinions
- Sentell v. New Orleans & Carrollton R. Co.Supreme Court of the United States · 1897
- Robinson v. KeyserSuperior Court of New Hampshire · 1851