Smart v. Blanchard
Supreme Court of New Hampshire
This is an action on the case for a libel. The declaration was as follows : In a plea of the case, for that the plaintiff is, and from, the time of her birth hitherto has been a good, pious, virtuous and honest subject of the state of New-Hampshire, and has always, during all the time aforesaid, behaved and governed herself as such, and until the time of writing and publishing the false, scandalous and malicious libel, hereinafter mentioned, has always been, and was always…
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This is an action on the case for a libel. The declaration was as follows : In a plea of the case, for that the plaintiff is, and from, the time of her birth hitherto has been a good, pious, virtuous and honest subject of the state of New-Hampshire, and has always, during all the time aforesaid, behaved and governed herself as such, and until the time of writing and publishing the false, scandalous and malicious libel, hereinafter mentioned, has always been, and was always reputed and esteemed among all her neighbors, and other good and worthy citizens of this state, to be of good name, fame,…
1Opinion of the CourtBellows, J.
The evidence offered to show the character of the donation party, and the conduct of the persons attending it was rightfully rejected. Under the general issue the defendant can not prove that the plaintiff was guilty of the acts charged, either in justification, or to mitigate damages or rebut malice. Dame v. Kenney, 25 N. H. 318; Pallett v. Sargent, 36 N. H. 496; Knight v. Foster, 39 N. H. 576. The offer to show the character of the party and the conduct of the persons attending it, could have had no bearing except so far as it tended to show the plaintiff’s conduct, and under this plea such…
2Cases cited11 opinions
- Van Vechten v. HopkinsNew York Supreme Court · 1809
- Gibson v. WilliamsNew York Supreme Court · 1830
- Dexter v. SpearU.S. Circuit Court for the District of Rhode Island · 1825
- Miller v. MillerNew York Supreme Court · 1811
- Beardsley v. MaynardNew York Supreme Court · 1830
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3Cited by5 opinions
- Duchesnaye v. Munro Entersprises, Inc.Supreme Court of New Hampshire · 1984
- Service Parking Corporation v. Washington Times Co.Court of Appeals for the D.C. Circuit · 1937
- Frederick H. Hope v. Hearst Consolidated Publications, Inc., the Hearst Corporation and Igor CassiniCourt of Appeals for the Second Circuit · 1961
- Aaron Harkaway v. Boston Herald Traveler CorporationCourt of Appeals for the First Circuit · 1969
- Frederick H. Hope v. Hearst Consolidated Publications, Inc., the Hearst Corporation and Igor CassiniCourt of Appeals for the Second Circuit · 1961