Legal Opinion

Arnold v. Clifford

U.S. Circuit Court for the District of Rhode Island

Decided June 15, 1835PublishedCited by 6 opinions

At law. This was an action on the case [by Isaac Arnold against Benjamin Clifford) for a libel, by publishing, in April, 1835, in the Providence Republican Herald, a false and injurious account of the trial of a cause, in which the plaintiff was a party. There was a special plea in justification, and issue thereon.

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At law. This was an action on the case [by Isaac Arnold against Benjamin Clifford) for a libel, by publishing, in April, 1835, in the Providence Republican Herald, a false and injurious account of the trial of a cause, in which the plaintiff was a party. There was a special plea in justification, and issue thereon. At the trial, the principal question was, whether the publication contained a true, fair, and accurate account of the trial of the former cause; and it was argued by Til-linghast and Webster for the plaintiff, and by Richard W. Greene and Whipple, for the defendant. In the course…

1Opinion of the Court

STORY, Circuit Justice.

I have not the least doubt upon this point. A promise to indemnify another for doing a private wrong, ■or for committing a public crime, is against public policy, and is void in law. It is common learning, that among tort-feasors, who -are knowingly such, there can be no contribution for damages recovered against any •one of them, even although there be a promise of indemnity or contribution. A fortiori, the same doctrine applies to cases of indemnity for the commission of a public crime. No one ever imagined, that a promise to pay for the poisoning of another, was…

2Cited by6 opinions

  1. The HudsonDistrict Court, S.D. New York · 1883
  2. Warren v. WestrupSupreme Court of Minnesota · 1890
  3. Arnold v. Savings Co.Missouri Court of Appeals · 1897
  4. Robb v. ParkerSupreme Court of South Carolina · 1871
  5. C. F. Jewett Publishing Co. v. ButlerMassachusetts Supreme Judicial Court · 1893

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