Legal Opinion

Gaines v. Aetna Insurance

Court of Appeals of Kentucky

Decided November 18, 1898PublishedCited by 11 opinions

Case 90—LIBEL— APPEAL PROM HENRY CIRCUIT COURT. Defamatory matter set up in a pleading is only privileged when the pleader asserted it in good faith. Harward v. Keeeh, 4 Hun., 389; Lucas v. Case, 9 Bush, 297; Hilliard on Torts,. 355; Hart v. Reed, 1 B. M., 166; Dada v. Piper, 41 Hun., 254;, Hoar v. Wood, 3 Met.

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Case 90—LIBEL— APPEAL PROM HENRY CIRCUIT COURT. Defamatory matter set up in a pleading is only privileged when the pleader asserted it in good faith. Harward v. Keeeh, 4 Hun., 389; Lucas v. Case, 9 Bush, 297; Hilliard on Torts,. 355; Hart v. Reed, 1 B. M., 166; Dada v. Piper, 41 Hun., 254;, Hoar v. Wood, 3 Met. (Mass.), 193; Ring v. Wheeler, 7 Cowan»» (N. Y.), 725; Hastings v. Lusk, 22 Wend., 410. No defamatory matter is privileged where it is uttered maliciously and without probable cause. Woods v. Finnell, 13 Bush, 628. (No brief on file.) The alleged defamatory matter contained in the…

1Opinion of the Court

JUDGE WHITE

delivered the opinion of the court.

The appellant, W. T. Gains, brought this action in the Henry Circuit Court' against appellee, Aetna Insurance Company, for damages for libel. A demurrer entered to the petition was sustained, and the petition dismissed", and plaintiff appeals.

The petition, after charging that appellee is a corporation, and authorized to sue and be sued, alleges that in 1895 the plaintiff (appellant) instituted suit on a certain policy of insurance for the loss of tobacco, and that in that action the defendant (appellee) filed an answer on the 11th day of May,…

2Cited by11 opinions

  1. Tanner v. StevensonCourt of Appeals of Kentucky · 1910
  2. Lisanby v. Illinois Central RailroadCourt of Appeals of Kentucky (pre-1976) · 1925
  3. Young v. YoungCourt of Appeals for the D.C. Circuit · 1927
  4. Sebree v. ThompsonCourt of Appeals of Kentucky · 1907
  5. Smith v. HodgesCourt of Appeals of Kentucky · 2005

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