"The Count Joannes" v. Bennett
Massachusetts Supreme Judicial Court
Tort brought on the 12th of June, 1860, in the name of “ The Count Joannes, (born ‘ George Jones,’) ” for two libels upon him contained in letters to a woman to whom he was then a suitor, and was afterwards married, endeavoring to dissuade her from entering into the marriage.
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Tort brought on the 12th of June, 1860, in the name of “ The Count Joannes, (born ‘ George Jones,’) ” for two libels upon him contained in letters to a woman to whom he was then a suitor, and was afterwards married, endeavoring to dissuade her from entering into the marriage. At the trial in this court, before Merrick, J., it appeared that the defendant had for several years held the relation of pastor to the parents of the woman, as members of his church, and to the daughter, as a member of his choir; and there was evidence tending to show that he was on the most intimate terms of friendship…
1Opinion of the CourtBigelow, C. J.
The doctrine, that the cause or.occasion of a publication of defamatory matter may afford a sufficient justification in an action for damages, has been stated in the form of a legal rule or canon, which has been sanctioned by high judicial authority. The statement is this : A communication made bond fide upon any subject matter in which the party communicating has an interest, or in reference to which he has a duty to perform, is privileged, if made to a person having a corresponding interest or duty, although it contains defamatory matter, which without such privilege would be libellous and…
2Cases cited2 opinions
- Riggs v. TayloeSupreme Court of the United States · 1824
- Blade v. NolandNew York Supreme Court · 1834
3Cited by4 opinions
- Woicicky v. AndersonSupreme Court of Connecticut · 1920
- Samples v. CarnahanIndiana Court of Appeals · 1898
- People v. BettsAppellate Division of the Supreme Court of the State of New York · 1947
- People v. BettsAppellate Division of the Supreme Court of the State of New York · 1947