Hood v. Palm
Supreme Court of Pennsylvania
In error from the Common Pleas of Cumberland county. May 31. This was an action on the case against four defendants; the declaration, reciting that plaintiff had been insured by the Franklin Fire Insurance Company, that his house and the contents were' burned, and that his loss had been partially paid by the company, alleged in substance that the defendants, maliciously intending to deprive plaintiff of his good name, &c., and to put him to great expense, and without…
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In error from the Common Pleas of Cumberland county. May 31. This was an action on the case against four defendants; the declaration, reciting that plaintiff had been insured by the Franklin Fire Insurance Company, that his house and the contents were' burned, and that his loss had been partially paid by the company, alleged in substance that the defendants, maliciously intending to deprive plaintiff of his good name, &c., and to put him to great expense, and without probable cause to subject him to the punishment inflicted by law on every person who designedly cheats another (the recitals…
1Opinion of the CourtGibson, C. J.
This cause seems to have been treated as an action of slander, to which it bears some resemblance. The declaration charges a conspiracy to defame the plaintiff, by speaking scandalous words of him, and by libelling him; in supjDort of which, he gave evidence of words, as overt acts, which would not be actionable if spoken without preconcert; and also of a written publication of the same words, which was distinctly libellous. But it is a rule, that where a libeller may be prosecuted by indictment, he may be prosecuted by action, though the words would not have been actionable had they not been…
2Cases cited1 opinion
- Swan v. Saddlemire & WoodNew York Supreme Court · 1832
3Cited by3 opinions
- Franklin Music Company v. American Broadcasting Companies, Inc., Abc Record and Tape Sales Corp., Wideworld of Music, Inc. And Albert S. Franklin. Franklin Music Company v. American Broadcasting Companies, Inc., Abc Record and Tape Sales Corp., Wideworld of Music, Inc. And Albert S. Franklin. Appeal of American Broadcasting Companies, Inc. And Abc Record and Tape Salescorporation. Franklin Music Company v. American Broadcasting Companies, Inc., Abc Record and Tape Sales Corp., Wideworld of Music, Inc. And Albert S. Franklin. Appeal of Albert S. FranklinCourt of Appeals for the Third Circuit · 1980
- Lamont v. West Penn Power Co.Supreme Court of Pennsylvania · 1930
- Franklin Music Co. v. American Broadcasting CompaniesCourt of Appeals for the Third Circuit · 1979