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" ... the law considers such publication as malicious, unless it is fairly made by a person in the discharge of some public or private duty, whether legal or moral, or in the conduct of his own affairs, in matters where his interest is concerned. "
Albany Law Journal - Page 231
1888
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Irish Common Law Reports: Reports of Cases Argued and Determined ..., Volume 16

Law reports, digests, etc - 1866
...some public or private duty, whether legal or moral," but also statements fairly made by a person " in the conduct of his own affairs, in matters where his interest is concerned." And he then adds: — "In such cases the occasion prevents the inference of ma"liee which the law draws...
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Reports of Cases Argued and Determined in the Supreme Judicial Court of the ...

Massachusetts. Supreme Judicial Court - Law reports, digests, etc - 1866
...honestly made by him believing it to be true, and that there was a reasonable occasion or exigency in the conduct of his own affairs, in matters where his interest was concerned, which fairly warranted the publication, such proof would rebut the presumption of malice,...
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Massachusetts Reports: Cases Argued and Determined in the Supreme ..., Volume 72

Massachusetts. Supreme Judicial Court - Law reports, digests, etc - 1867
...Toogood v. Sjry ring, 1 Cr. M. & R. 193, and 4 Tyrvvh. 595. It is there laid down, that a publication " fairly made by a person in the discharge of some public...affairs in matters where his interest is concerned," comes within the class of privileged or authorized communications. A party cannot be held responsible...
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The Newspaper Press, Volumes 3-4

Alexander Andrews - Journalism - 1869
...Wensleydale observed, in an old case, that " where a communication is fairly made by one person to another, in the discharge of some public or private duty, whether...affairs, in matters where his interest is concerned, the occasion prevents the inference of malice which the law draws from unauthorised communications,...
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Reports of Cases Determined in the Circuit Court of the United States for ...

United States. Circuit Court (1st Circuit), Nathan Clifford, William Henry Clifford - Law reports, digests, etc - 1869
...made by the defendant, believing it to be true, and that there was a reasonable occasion or exigency in the conduct of his own affairs, in matters where his interest was concerned, which fairly warranted the publication. Proof of such facts go to negative the inference...
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Reports of Cases Argued and Determined in the English Courts of ..., Volume 95

Great Britain. Bail Court - Law reports, digests, etc - 1870
...well-known limits as to verbal slander), and the law considers such publication as malicious, unless it is fairly made by a person in the discharge of some public...affairs, in matters where his interest is concerned." Now, this letter was written by the defendant with reference to the conduct of his own affairs, and...
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Albany Law Journal, Volume 6

Law - 1873
...false in fact and injurious to the character of another, as libelous and malicious per se unless it is made by a person in the discharge of some public or private duty, legal or moral, or in the conduct of his own affairs. In a recent English case (Henwood v. Harrison,...
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The Law Relating to Works of Literature and Art: Embracing the Law of ...

John Shortt - Copyright - 1871 - 780 pages
...cases where the TO what cases publication of the injurious statement is made by a person p"^,6 fairly in the discharge of some public or private duty, whether...affairs, in matters where his interest is concerned. (6) Whether actual malice is present or absent is a question of fact for the jury to determine, (c)...
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The Law Relating to Works of Literature and Art: Embracing the Law of ...

John Shortt - Copyright - 1871 - 780 pages
...injurious imputation is made excuses everything but actual malice. " In such cases," said Parke, B.,(i) "the occasion prevents the inference of malice, which the law draws from unauthorised communications, and affords a qualified defence, depending upon the absence of actual...
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A Treatise on Criminal Law as Applicable to the Dominion of Canada

Samuel Robinson Clarke - Criminal law - 1872 - 717 pages
...Parke, B , in Toogood v. Spyring, (e) " The law considers such publication as malicious, unless it is fairly made, by a person in the discharge of some...whether legal or moral, or in the conduct of his own (a) Poittrin v. Morgan, 10 LCJ 99, per Badgley, J. ; ffearne v. StaaM, 12 A. & E. 719-26. (6) Poiterin...
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