Legal Opinion

Rumney v. Worthley

Massachusetts Supreme Judicial Court

Decided June 22, 1904PublishedCited by 20 opinions

Tort for alleged libel contained in two letters mailed by tbe defendant in January, 1901, and addressed to the plaintiff. Writ dated May 18, 1901. At tbe trial in the Superior Court before Gtaskill, J., it was admitted that the defendant wrote and mailed the letters and that they were libellous. It appeared that the letters were opened and read by the plaintiff’s daughter. The evidence in regard to publication is described in the opinion.

Read the full summary

Tort for alleged libel contained in two letters mailed by tbe defendant in January, 1901, and addressed to the plaintiff. Writ dated May 18, 1901. At tbe trial in the Superior Court before Gtaskill, J., it was admitted that the defendant wrote and mailed the letters and that they were libellous. It appeared that the letters were opened and read by the plaintiff’s daughter. The evidence in regard to publication is described in the opinion. At the close of the evidence, the judge ordered a verdict for the defendant on the ground that there was no publication of the letters by the defendant, and…

1Opinion of the CourtKnowlton, C. J.

The only question reserved in this report is whether there was any evidence of publication of the libels, or either of them, contained in the two letters addressed by the defendant to the plaintiff. These letters were sent by mail in the ordinary way, addressed to the plaintiff at No. 12 Burtt Street, Lowell, which was his place of residence. His wife conducted a grocery store which was attached to the dwelling house, at No. 14 Burtt Street, she having filed a certificate, under the provisions of the Pub. Sts. c. 147, § 11, that she was doing business as a married woman. The plaintiff acted…

2Cases cited4 opinions

  1. Fry v. McCord Bros.Tennessee Supreme Court · 1895
  2. Spaits v. PoundstoneIndiana Supreme Court · 1882
  3. Sylvis v. MillerTennessee Supreme Court · 1896
  4. McIntosh v. MatherlyCourt of Appeals of Kentucky · 1848

3Cited by20 opinions

  1. White v. Blue Cross & Blue Shield of Massachusetts, Inc.Massachusetts Supreme Judicial Court · 2004
  2. Bander v. Metropolitan Life InsuranceMassachusetts Supreme Judicial Court · 1943
  3. McKinney v. County of Santa ClaraCalifornia Court of Appeal · 1980
  4. Brauer v. Globe Newspaper Co.Massachusetts Supreme Judicial Court · 1966
  5. Theresa Lyons and Dennis Lyons v. National Car Rental Systems, Inc. (Of Delaware)Court of Appeals for the First Circuit · 1994

15 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API