Dame v. Kenney
Superior Court of New Hampshire
Case against husband and wife, for defamatory words alleged to be spoken by the wife. The words were set forth in the declaration with inuendos, and they imputed to the plaintiff unchaste conduct. Upon the general issue, evidence was introduced tending to prove the speaking of the words as charged, and the truth of the inuendos.
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Case against husband and wife, for defamatory words alleged to be spoken by the wife. The words were set forth in the declaration with inuendos, and they imputed to the plaintiff unchaste conduct. Upon the general issue, evidence was introduced tending to prove the speaking of the words as charged, and the truth of the inuendos. The defendants contended that the words spoken were a confidential communication, made by the wife from good motives, and for justifiable ends, and under a reasonably grounded belief that the matter communicated was true; and relied upon this as a defence to the…
1Opinion of the CourtBell, J.
It has been regarded as an open and unsettled question, whether a defendant should be permitted, even under the general issue, to prove general suspicions and *320common reports of the guilt of the plaintiff of the matters imputed to him by slander, in mitigation of damages. 2 Greenl. Ev. 228, § 275 and 342, § 424. After a careful examination of all the cases on the subject within our reach, we are of the opinion that such evidence is not admissible, either on principle or authority.
As a general rule, reports and rumors are not evidence of the facts reported. This is a point too well settled to…
2Cases cited23 opinions
- King v. RootCourt for the Trial of Impeachments and Correction of Errors · 1829
- Root v. King & VerplanckNew York Supreme Court · 1827
- People v. WhiteCourt for the Trial of Impeachments and Correction of Errors · 1840
- President, Directors & Co. of Rensselaer Glass Factory v. ReidCourt for the Trial of Impeachments and Correction of Errors · 1825
- Inman v. FosterNew York Supreme Court · 1832
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3Cited by1 opinion
- State v. VachonSupreme Court of New Hampshire · 1995