Authier v. Bennett Bros.
Montana Supreme Court
Appeal from, Second Judicial District, Silver Bow Oownty. Action for libel. Plaintiff’s motion for a new trial was granted by McHatton, J. Statement of the case by the justice delivering the opinion. This is an appeal from an order granting a new trial. The action was for libel. The libel declared upon was the alleged false and malicious publication in a merchant’s protective association of the following : “ Copyrighted by Andrews and Olds.
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Appeal from, Second Judicial District, Silver Bow Oownty. Action for libel. Plaintiff’s motion for a new trial was granted by McHatton, J. Statement of the case by the justice delivering the opinion. This is an appeal from an order granting a new trial. The action was for libel. The libel declared upon was the alleged false and malicious publication in a merchant’s protective association of the following : “ Copyrighted by Andrews and Olds. (Form 1.) 1 ‘ Report of Delinquent Accounts. “To R. A. Bell, Agent: The following report of delinquent accounts is this day made to you by article HI. of…
1Opinion of the CourtDe Witt, J.
We are of opinion that, even if the specification of error is true, it is not sufficient upon which to grant a new trial. We may assume, as the specification states, that it was proven, without substantial conflict of testimony, that the plaintiff’s character was good; and by the word “character ” we suppose counsel means £ ‘reputation. ’ ’ There is some difference in the authorities upon the question of proving the plaintiff’s general reputation.
It is said in Odgers on Libel and Slander : ‘ ‘ The plaintiff cannot give evidence of general good character in aggravation of damages merely,…
2Cases cited11 opinions
- Montana R'y Co. v. WarrenMontana Supreme Court · 1887
- Byrket v. MonohonIndiana Supreme Court · 1844
- Newell v. MeyendorffMontana Supreme Court · 1890
- Raymond v. ThextonMontana Supreme Court · 1888
- Miles v. VanhornIndiana Supreme Court · 1861
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3Cited by1 opinion
- State v. O'BrienMontana Supreme Court · 1896