Bond v. Kendall
Supreme Court of Vermont
Action on the case for certain alleged libelous matter contained in a letter written by the defendant, and addressed and sent to Austin P. Graham. Plea, the general issue, and trial by jury, at the June Term, 1862, Kellogg, J., presiding.
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Action on the case for certain alleged libelous matter contained in a letter written by the defendant, and addressed and sent to Austin P. Graham. Plea, the general issue, and trial by jury, at the June Term, 1862, Kellogg, J., presiding. Upon the trial the plaintiff introduced evidence tending to prove that the defendant, on the 17th of October, 1861, at Montpelier, wrote a letter containing the words declared upon, and addressed and sent it by mail to one Graham ; and that Graham received said letter by due course of mail, and read it himself and also read it to several other persons.' The…
1Opinion of the CourtBarrett, J.
It is said in the exceptions that the evidence objected to was admitted, “ as bearing upon the point of the motive and intention, or alleged malice, with which the defendant wrote and sent the said letter.”
When the origin, occasion and circumstances of the slanderous charge have a tendency to countervail the presumption of malice, or the affirmative evidence of it, evidence is admissible to show such origin, occasion and circumstances; but not otherwise. Hence some cases have held that where the alleged libel purports to be a'statement of what has been published in a newspaper, such newspaper…
2Cited by1 opinion
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