Carpenter v. Bailey
Supreme Court of New Hampshire
This is an action on the case for a libel, by J. N. Carpenter against J. H. Bailey, the writ bearing date September 21, 1859. The declaration alleges, that, on April 20, 1869, the plaintiff was a paymaster in the navy, stationed as purchasing agent at Portsmouth; that, by the rules of the navy department, he was entitled to remain on that station three years; and that the defendant, contriving, &c., published of him the following libel: “ To the Honorable the Senators and…
Read the full summary
This is an action on the case for a libel, by J. N. Carpenter against J. H. Bailey, the writ bearing date September 21, 1859. The declaration alleges, that, on April 20, 1869, the plaintiff was a paymaster in the navy, stationed as purchasing agent at Portsmouth; that, by the rules of the navy department, he was entitled to remain on that station three years; and that the defendant, contriving, &c., published of him the following libel: “ To the Honorable the Senators and Members of the House of Representatives in Congress from New Hampshire: The undersigned, after much patience has been…
1Opinion of the CourtSargent, C. J.
The law applicable to this case was very fully considered and stated in an early Netv Hampshire case, in which the opinion was delivered by Parker, J., in 1837, and the more recent decisions have not changed the law that we are aware of, so far as the questions involved in this case are concerned. State v. Burnham, 9 N. H. 34, was an indictment for libel; but it was held that, so far as the principles of the defence were concerned, there was-no substantial difference between a criminal and a civil case.
If the end to be attained by a publication is justifiable^ — as, if the object is the…
2Cited by4 opinions
- Pickering v. FrinkSupreme Court of New Hampshire · 1983
- Aaron Harkaway v. Boston Herald Traveler CorporationCourt of Appeals for the First Circuit · 1969
- Carpenter v. BaileySupreme Court of New Hampshire · 1876
- King v. HopkinsSupreme Court of New Hampshire · 1876