Hutchins v. Page
Supreme Court of New Hampshire
Case, for libel. The plaintiff’s counsel stated in opening bis case that be expected to prove that tire defendant, being tax collector for tbe city of Portsmouth and having an overdue real estate tax against the plaintiff, advertised, the property for sale by posting the notices required by the statute and also by publishing like noytices in two newspapers. These publications were alleged to have (been made maliciously and for no purpose except to injure the I plaintiff.
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Case, for libel. The plaintiff’s counsel stated in opening bis case that be expected to prove that tire defendant, being tax collector for tbe city of Portsmouth and having an overdue real estate tax against the plaintiff, advertised, the property for sale by posting the notices required by the statute and also by publishing like noytices in two newspapers. These publications were alleged to have (been made maliciously and for no purpose except to injure the I plaintiff. Upon this statement a nonsuit was ordered, subject to exception. Transferred from the October term, 1908, of the superior…
1Opinion of the CourtPeaslee, J.
However the law may be elsewhere, it is well settled in this state that the truth is not always a defence to an action on the case to recover damages for the publication of a libel. State v. Burnham, 9 N. H. 34. The rule there suggested, that if the occasion be lawful, the motive for the publication is immaterial if the truth of the charge be established, was materially modified when a case arose in which the question was directly in issue. “ It seems to us that in order to settle whether the occasion was lawful we must generally inquire into the motives of the publisher. There may be some…
2Cited by7 opinions
- Brents v. MorganCourt of Appeals of Kentucky (pre-1976) · 1927
- Duncan v. the Record Publishing Co.Supreme Court of South Carolina · 1927
- Thomson v. CashSupreme Court of New Hampshire · 1979
- Supry v. BolducSupreme Court of New Hampshire · 1972
- Chrysler Corp. v. Fedders Corp.District Court, S.D. New York · 1982
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