Legal Opinion

Maloney v. Philpot

Massachusetts Supreme Judicial Court

Decided December 29, 1914PublishedCited by 4 opinions

Tort for an alleged libel, consisting of a letter written by the defendant to the mayor of the city of Melrose, containing the charges against the plaintiff which are stated in the opinion.

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Tort for an alleged libel, consisting of a letter written by the defendant to the mayor of the city of Melrose, containing the charges against the plaintiff which are stated in the opinion. Writ dated March 11, 1907. At the trial in the Superior Court before Lawton, J., the jury returned a verdict for the plaintiff in the sum of $1,500; and the defendant alleged exceptions to the admission in evidence of certain pay sheets offered by the plaintiff and the exclusion of certain evidence offered by the defendant as stated in the opinion.

1Opinion of the CourtCrosby, J.

This is an action of tort to recover damages for libel. The alleged libel was contained in a letter which the defendant is charged with having 'written to the mayor of the city of Melrose. The plaintiff was employed by the city as an assistant superintendent of public works.

The letter charges the plaintiff with having demanded and received pay from the city for services rendered by him on May 2 and May 5, 1905, and that he did not render such services on those dates. The letter also charges the plaintiff with being inefficient and neglectful of his duty on those dates, because he performed no…

2Cases cited1 opinion

  1. Corcoran v. BatchelderMassachusetts Supreme Judicial Court · 1888

3Cited by4 opinions

  1. Commonwealth v. FataloMassachusetts Supreme Judicial Court · 1962
  2. Curtis v. Boston Ice Co.Massachusetts Supreme Judicial Court · 1921
  3. Wilson v. DavisonMassachusetts Supreme Judicial Court · 1922
  4. Federal Coal & Coke Co. v. CoryellMassachusetts Supreme Judicial Court · 1916

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