Homer v. Engelhardt
Massachusetts Supreme Judicial Court
Tort for libel. The declaration was as follows: “ And the plaintiff says the defendant caused to be published in a newspaper called the Boston Volksblatt, printed in the German language, published in Boston in the County of Suffolk, on September 26,1873, a false and malicious libel concerning the plaintiff, a copy of which is hereto' annexed as follows s ‘ Dem deutschen Publicum zur Nachricht dass der Wirth Valentine Homer, 1863 Washington Str. um einer gerechten Forderung…
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Tort for libel. The declaration was as follows: “ And the plaintiff says the defendant caused to be published in a newspaper called the Boston Volksblatt, printed in the German language, published in Boston in the County of Suffolk, on September 26,1873, a false and malicious libel concerning the plaintiff, a copy of which is hereto' annexed as follows s ‘ Dem deutschen Publicum zur Nachricht dass der Wirth Valentine Homer, 1863 Washington Str. um einer gerechten Forderung zu entgehen ais Vertheidigung var Gericht dos bestehende LiquorGesetz anführte. Wir halten. es für unsere Pflicht solche…
1Opinion of the CourtEndicott, J.
No action can be maintained in this Commonwealth for the price of liquor sold in violation of law. St. 1869, c. 415, § 63. If such action is brought, it is the right of the defendant to set up in his answer this provision of thp statute. It is a perfectly legitimate and legal defence, and stands as other defences stand, which the law interposes to' defeat what, under other circumstances, would be a just demand.
This publication does not charge that the plaintiff falsely or even unsuccessfully set up as a defence the existing prohibitory law. The gist of the charge is simply that he did set up…
2Cited by18 opinions
- Twombly v. MonroeMassachusetts Supreme Judicial Court · 1884
- Golden North Airways, Inc., a Corporation v. Tanana Publishing Company, Inc., a CorporationCourt of Appeals for the Ninth Circuit · 1955
- Nichols v. Daily Reporter Co.Utah Supreme Court · 1905
- Donaghue v. GaffySupreme Court of Connecticut · 1885
- Peck v. Wakefield Item Co.Massachusetts Supreme Judicial Court · 1932
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