The opinion of the court was delivered by FREUND, J.A.D.
The plaintiff Louis P. Greenberg, an architect, sued the defendant Benjamin Ackerman for damages resulting from alleged defamatory statements charged to have been made "falsely, maliciously and with intent to and for the purpose of injuring the plaintiff in his good name, fame and credit." Admittedly, the statements were made on December 1, 1955 by the defendant while a witness in the trial of the case of
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