Byam v. . Collins
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the fifth judicial department, entered upon an order made the first Tuesday of January, 1886, which affirmed a judgment in favor of defendants entered upon a verdict and denied a motion for a new trial. (Reported below, 39 Hun, 204.) This was an action for libel and slander. . . The defendants are husband and wife. Mr. Collins is sued by reason of that relationship only.
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Appeal from judgment of the General Term of the Supreme Court in the fifth judicial department, entered upon an order made the first Tuesday of January, 1886, which affirmed a judgment in favor of defendants entered upon a verdict and denied a motion for a new trial. (Reported below, 39 Hun, 204.) This was an action for libel and slander. . . The defendants are husband and wife. Mr. Collins is sued by reason of that relationship only. The charge of libel is based upon a letter written by Mrs. Collins to one Dora McNaughton in these words : “ Caledonia, April 11, 1879. “ My Dear Dora : ' “ For…
1Opinion of the CourtEarl, J.
The general rule is that in the case of a libelous publication tile law implies malice and infers some damage. What are called privileged communications are exceptions to this rule. Such communications are divided into several classes, with one only of which we are concerned in this case, and that is generally formulated thus: “ A communication made bona fide upon any subject matter in which the party communicating has an interest, or in reference .to which he has a (duty, is privileged if made to a person having a corresponding interest or duty, although it contained criminating matter…
2Cases cited3 opinions
- Hamilton v. . EnoNew York Court of Appeals · 1880
- Klinck v. . ColbyNew York Court of Appeals · 1871
- York v. JohnsonMassachusetts Supreme Judicial Court · 1875
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- Corrigan v. . Bobbs-Merrill Co.New York Court of Appeals · 1920
- Phyllis Meloff v. New York Life Insurance CompanyCourt of Appeals for the Second Circuit · 2001
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