McGee v. Baumgartner
Michigan Supreme Court
Error to Wayne; Carpenter, J. Case byRosann McGee against Anthony Baumgartner, Edward Sullivan, and Moses Giller for libel. From a judgment for plaintiff, defendant Baumgartner brings error. This is an action of libel. The libelous article complained of consists of a letter written by defendant Giller to Rev. Frederick J. Baumgartner, a brother of defendant Baumgartner, and secretary and chancellor of the diocese of the Romon Catholic Church of Detroit.
Read the full summary
Error to Wayne; Carpenter, J. Case byRosann McGee against Anthony Baumgartner, Edward Sullivan, and Moses Giller for libel. From a judgment for plaintiff, defendant Baumgartner brings error. This is an action of libel. The libelous article complained of consists of a letter written by defendant Giller to Rev. Frederick J. Baumgartner, a brother of defendant Baumgartner, and secretary and chancellor of the diocese of the Romon Catholic Church of Detroit. It is unnecessary to state the substance of the article. This is fortunate, for the charges are of too vile a character to put in print,…
1Opinion of the CourtGrant, C. J.
(after stating the facts). 1. The circuit court instructed the jury, at the request of defendant’s counsel, that the letter was a privileged communication, presumed to have been written without malice; that plaintiff could not recover against defendant B. unless they were satisfied, not only of the falsity of the contents of the letter, but that B. was actuated by malice or ill-will towards plaintiff when he wrote the letter; that, unless the statements in the letter were both false and expressly malicious on the part of B., they should acquit him; that *290if tjie jury found that B. believed the…
2Cases cited3 opinions
- Park v. Detroit Free Press Co.Michigan Supreme Court · 1888
- Proctor v. HoughtalingMichigan Supreme Court · 1877
- Mahiat v. CoddeMichigan Supreme Court · 1895
3Cited by26 opinions
- Osborn v. Leach.Supreme Court of North Carolina · 1904
- Hanson v. KrehbielSupreme Court of Kansas · 1904
- Harris v. Nashville Trust Co.Tennessee Supreme Court · 1913
- Higdon v. KelleyMichigan Supreme Court · 1954
- Spray v. AyotteMichigan Supreme Court · 1910
21 more not listed; retrieve them via the Exa API.