Trussell v. Scarlett
U.S. Circuit Court for the District of Maryland
This was an action for libel, tried December 5, 1882, in the circuit court of the United States for the district of Maryland, before Hon. Thomas J. Morris, district judge, and a jury.
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This was an action for libel, tried December 5, 1882, in the circuit court of the United States for the district of Maryland, before Hon. Thomas J. Morris, district judge, and a jury. The declaration alleged that the plaintiff was a general merchant, conducting a wholesale and retail business at Charlestown, West Virginia, etc., and that the defendants, together with Robert G. Dun, being then engaged in carrying on the business known as a mercantile agency in the principal cities of the United States, etc., under the style of R. G. Dun '& Co., on the eleventh day of July, 1881, at the city of…
1Opinion of the CourtMoebis, J.
It does seem to me a very much better way of conducting the trial that it should be ascertained first whether there is any ground for the action, otherwise, if it should turn out that the paper offered in evidence was a privileged communication, we may get into a very long controversy, which may be obviated at this stage of the proceedings.
The witness then, upon cross-examination by the defendant, further testified that the firm of William Devries & Co., of which he was a partner, was, at the time of receiving said paper, and had been for a number of years before, a subscriber to the…
2Cases cited21 opinions
- People v. MatherNew York Supreme Court · 1830
- White v. NichollsSupreme Court of the United States · 1845
- Philadelphia, Wilmington, & Baltimore Railroad v. QuigleySupreme Court of the United States · 1859
- People Ex Rel. Hackley v. KellyNew York Court of Appeals · 1861
- Fowles v. . BowenNew York Court of Appeals · 1864
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3Cited by7 opinions
- Shore v. Retailers Commercial Agency, Inc.Massachusetts Supreme Judicial Court · 1961
- New York Evening Post Co. v. ChalonerCourt of Appeals for the Second Circuit · 1920
- Wetherby v. Retail Credit Co.Court of Appeals of Maryland · 1964
- Douglass v. DaisleyCourt of Appeals for the First Circuit · 1902
- Montgomery Investigative Services, Ltd. v. HorneCourt of Special Appeals of Maryland · 2007
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