Miller v. Butler
Massachusetts Supreme Judicial Court
This was an action on the case for a libel, tried before Wells, C. J., in the court of common pleas. The alleged libel was contained in a letter, signed “ Co. & Son,” dated at Ludlow, January 5th, 1847, and addressed and directed to A. H. Bartlett, Esquire, New York.
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This was an action on the case for a libel, tried before Wells, C. J., in the court of common pleas. The alleged libel was contained in a letter, signed “ Co. & Son,” dated at Ludlow, January 5th, 1847, and addressed and directed to A. H. Bartlett, Esquire, New York. It was in evidence, that the letter in question was written by Jencks, one of the defendants, on the day of the date thereof, in the presence of Butler, the other defendant; that one of them proposed to the other to write a letter to Bartlett; and that Butler assisted in composing the letter, encouraging the writing of it, and…
1Opinion of the CourtDewey, J.
1. The evidence of publication was quite sufficient to authorize the jury to find that fact as against both defendants. The letter to Bartlett was written by Jenclcs, Butler assisting in composing it, and written in pursuance of a previous proposal made by one to the other. It was then sent by mail to Bartlett. Both parties to the transaction were engaged in a common object, and the acts of one are to be taken to have been done by both, as to the legal effect attached to them. 2 Greenl. Ev. § 416.
2. The evidence to show that the plaintiff was the person referred to in the libel was properly…
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