York v. Johnson
Massachusetts Supreme Judicial Court
Tort for slander. The third count of the declaration was as follows: “ The plaintiff further says that the defendant publicly, falsely and maliciously accused her of the crime of adultery, by words spoken of the plaintiff substantially as follows; ‘ I (meaning the defendant) was speaking to a certain lady about Mrs. York or Mrs. York’s case, (meaning the accusation that Mrs. York, the plaintiff, had a loathsome venereal disease of some kind and had given it to a married man…
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Tort for slander. The third count of the declaration was as follows: “ The plaintiff further says that the defendant publicly, falsely and maliciously accused her of the crime of adultery, by words spoken of the plaintiff substantially as follows; ‘ I (meaning the defendant) was speaking to a certain lady about Mrs. York or Mrs. York’s case, (meaning the accusation that Mrs. York, the plaintiff, had a loathsome venereal disease of some kind and had given it to a married man by the name of Charles Walton,) and I said, what should you think of a lady who belongs to the Congregational Church…
1Opinion of the CourtDevens, J.
The ruling requested by the defendant that the communication made by him to Mrs. Newton was a privileged one, and not actionable except with proof of express malice, was properly refused. There was no duty which he owed to Mrs. Newton that authorized him to inform her of defamatory charges against the - plaintiff, and no interest of his own which required *485protection that justified it. He had declined to serve upon the same committee with Mrs. York, but he was under no obligation to give any reason therefor, however persistently called upon to do so; and even if Mrs. Newton had an interest in…
2Cases cited1 opinion
- Brettun v. AnthonyMassachusetts Supreme Judicial Court · 1869
3Cited by16 opinions
- Byam v. . CollinsNew York Court of Appeals · 1888
- Avirett v. StateCourt of Appeals of Maryland · 1893
- Twombly v. MonroeMassachusetts Supreme Judicial Court · 1884
- Craig v. ProctorMassachusetts Supreme Judicial Court · 1918
- McCallum v. LambieMassachusetts Supreme Judicial Court · 1887
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