TRUTH. The actual state of things.
2. In contracts, the parties are bound to toll the truth in their
dealings, and a deviation from it will generally avoid the contract; Newl.
on Contr. 352-3; 2 Burr. 1011; 3 Campb. 285; and even concealment, or
suppressio veri, will be considered fraudulent in the contract of insurance.
1 Marsh. on Ins. 464; Peake's N. P. C. 115; 3 Campb. 154, 506.
3. In giving his testimony, a witness is required to tell the truth,
the whole truth, and nothing but the truth; for the object in the
examination of matters of fact, is to ascertain truth.
4. When a defendant is sued civilly for slander or a libel, he may
justify by giving the truth in evidence; but when a criminal prosecution is
instituted by the commonwealth for a libel, he cannot generally justify by
giving the truth in evidence.
5. The constitutions of several of the United States have made special
provisions in favor of giving the truth in evidence in prosecutions for
libels, under particular circumstances. In the constitutions of
Pennsylvania, Delaware, Tennessee, Kentucky, Ohio, Indiana and Illinois, it
is declared, that in publications for libels on men in respect to their
public official conduct, the truth may be given in evidence, when the matter
published was proper for public information. The constitution of New York
declares, that in all prosecutions or indictments for libels, the truth may
be given in evidence to the jury; and if it shall appear to the jury that
the matter charged as libelous, is true, and was published with good motives
and for justifiable ends, the party shall be acquitted. By constitutional
provision in Mississippi and Missouri, and by legislative enactment in New
Jersey, Arkansas, Tennessee, Act of 1805, c. 6: and Vermont, Rev. Stat. tit.
11, c. 25, s. 68; the right to give the truth in evidence has been more
extended; it applies to all prosecutions or indictments for libels, without
any qualifications annexed in restraint of the privilege. Cooke on Def. 61.