Storey v. Early
Illinois Supreme Court
Appeal from the Superior Court of Cook County; the Hon. Josiah M(¿Roberts, Judge, presiding. ' This was an action instituted in the court below by Alice A. Early against Wilbur F. Storey, to recover damages for the publication of a libel in the newspaper known as The OMcago Times, of which the defendant was the proprietor. The facts upon which the questions involved depend are sufficiently set forth in the opinion of the court.
1Opinion of the CourtJustice Breese
In the case of Regnier v. Cabot,, 2 Gilm. 38, this court, apparently with great care, laid down as a rule of law, in actions of this kind, “ that where a defendant does not justify, he may mitigate damages in two ways only: first, by showing the general bad character of the plaintiff; and, second, by showing any circumstances which tend to disprove malice, but do not tend to prove the "truth of the charge/’ Before that time it had been a question whether, under the general issue, the defendant could be permitted to show specific facts which tend to cast suspicion of guilt upon the plaintiff,…
2Cited by9 opinions
- Jones, Varnum & Co. v. Townsend's AdministratrixSupreme Court of Florida · 1885
- Pfister v. Milwaukee Free Press Co.Wisconsin Supreme Court · 1909
- Wallace v. Homestead Co.Supreme Court of Iowa · 1902
- Jones v. MurraySupreme Court of Missouri · 1902
- White v. BourquinAppellate Court of Illinois · 1917
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