Legal Opinion

Maynard v. Fireman's Fund Insurance

California Supreme Court

Decided July 1, 1867PublishedCited by 39 opinions

Appeal from the District Court, Fifteenth Judicial District, City and County of San Francisco. The plaintiff appealed, and assigned that the Court below erred in sustaining the demurrer upon the second ground stated. The defendant appealed, and assigned that the Court below erred in overruling the demurrer upon the first ground stated. The other facts are sufficiently stated in the Opinion of the Court.

1Opinion of the Court

By the Court, Currey, C. J.:

The plaintiff sues the defendant, a corporation, for composing, writing, entering upon its books and publishing, of and concerning the plaintiff, who had immediately prior to the time been in the defendant’s employment, the following words : “ This company, for good and sufficient reasons, has resolved to dismiss D. D. Maynard from its sei’vice.” The plaintiff alleged these words to be a false, scandalous, malicious and defamatory libel, written and published wrongfully and maliciously, by which the defendant intended to have it understood and believed that the…

2Cases cited7 opinions

  1. Philadelphia, Wilmington, & Baltimore Railroad v. QuigleySupreme Court of the United States · 1859
  2. Gibson v. WilliamsNew York Supreme Court · 1830
  3. Goodspeed v. East Haddam BankSupreme Court of Connecticut · 1852
  4. Collins v. MerrellCourt of Appeals of Kentucky · 1859
  5. Merrils v. Tariff Manufacturing Co.Supreme Court of Connecticut · 1835

2 more not listed; retrieve them via the Exa API.

3Cited by39 opinions

  1. Missouri Pacific Railway Co. v. RichmondTexas Supreme Court · 1889
  2. Plyam v. Precision Development, LLC (In Re Plyam)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2015
  3. City Products Corp. v. Globe Indemnity Co.California Court of Appeal · 1979
  4. Bates v. CampbellCalifornia Supreme Court · 1931
  5. Hearne v. De YoungCalifornia Supreme Court · 1898

34 more not listed; retrieve them via the Exa API.

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