Atwill v. Mackintosh
Massachusetts Supreme Judicial Court
Tort for libel. The declaration was as follows: “And the plaintiff says that the defendant falsely and maliciously slandered the plaintiff by writing to one Annette Richards, of West Roxbury, in the county of Norfolk, a letter of which the following is a true copy: ‘West Roxbury, Feb. 14, 1871. My friend Mrs. Richards: When I came to your home on last Christmas morning, bringing as I did your Carrie, sick and helpless as she was, I could not but help feeling thankful that…
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Tort for libel. The declaration was as follows: “And the plaintiff says that the defendant falsely and maliciously slandered the plaintiff by writing to one Annette Richards, of West Roxbury, in the county of Norfolk, a letter of which the following is a true copy: ‘West Roxbury, Feb. 14, 1871. My friend Mrs. Richards: When I came to your home on last Christmas morning, bringing as I did your Carrie, sick and helpless as she was, I could not but help feeling thankful that you had her safely once more in your happy home, truly made happy by Laving your child returned to you, after these few…
1Opinion of the CourtAmes, J.
The letter, as appears from the answer and from the argument of the defendant, was written as the result of his inquiries at St. Louis in relation to the plaintiff’s character, and for the apparent purpose of dissuading his mother in law from consenting to his wife’s returning to live with him. In deciding whether the communication so made was libellous and therefore actionable in its character, supposing it to be false and not to be justified by the occasion, the entire letter and the circumstances under which it was written are to be taken into consideration. It might be libellous, even…
2Cited by25 opinions
- Bratt v. International Business MacHines Corp.Massachusetts Supreme Judicial Court · 1984
- Myers v. HodgesSupreme Court of Florida · 1907
- Bander v. Metropolitan Life InsuranceMassachusetts Supreme Judicial Court · 1943
- Abraham v. BaldwinSupreme Court of Florida · 1906
- Sheehan v. TobinMassachusetts Supreme Judicial Court · 1950
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