Jensen v. Macartney

DONOVAN, District Judge.

This motion for summary judgment is made by defendants in an action commenced by plaintiff to recover damages for alleged libel.1 Plaintiff’s action is based upon a letter with an unsigned statement accusing plaintiff of embezzlement, admittedly written and deposited in the mail by defendant Rose, and addressed to one J. Hofert.2

Defendant Macartney denies knowledge of the letter and each defendant by separate answer, in justification and excuse, alleges that the letter was written by Rose as a Customs Broker, and as such is privileged, and further that the quoted…