Ellis v. Buzzell
Supreme Judicial Court of Maine
On exceptions. Case for slander, charging that the defendant accused the plaintiff with the crime of adultery. Plea, general issue, with justification. The defendant testified that he saw the plaintiff in the act of adultery with a certain woman. This the plaintiff denied by his own testimony, and introduced the deposition of the particeps criminis, which also denied the charge.
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On exceptions. Case for slander, charging that the defendant accused the plaintiff with the crime of adultery. Plea, general issue, with justification. The defendant testified that he saw the plaintiff in the act of adultery with a certain woman. This the plaintiff denied by his own testimony, and introduced the deposition of the particeps criminis, which also denied the charge. The plaintiff requested the presiding judge to instruct the jury that the truth of the statements of the defendant concerning the plaintiff’s alleged act of adultery must be made out beyond a reasonable doubt, the…
1Opinion of the CourtBarrows, J.
The plaintiff claims to recover damages of the defendant, because, he says, the defendant falsely charged him with the commission of the crime of adultery.
The defendant says the plaintiff ought not to recover damages, because the accusation was not false, but true, and he testifies that .he saw the plaintiff in the act of adultery with a certain woman. The plaintiff denies this in his testimony, and produces the deposition of the woman, who denies it also. Hereupon he requests the judge to instruct the jury that the defendant, in order to maintain *211the defense, must prove the act of adultery…
2Cited by17 opinions
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- Hinds v. John Hancock Mutual Life Insurance Co.Supreme Judicial Court of Maine · 1959
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