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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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The New-York Legal Observer, Volume 5

Samuel Owen - Law - 1847 - 490 pages
...malicious, Common Reas. — Coxhead v. Richarde. unless it is fairly made by a person in the diecharge of some public or private duty, whether legal or moral, or in the conduct of bis own affairs in matters where hia interest is concerned. It was not contended, in this caae, that...
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The Law Students Magazine, Volume 1

1849 - 734 pages
...on public characters) of privileged communications : 1 . Where the party has made the communication in the conduct of his own affairs, in matters where his interest is concerned; 2. Where there is any public duty, legal or moral, requiring such communication to be made ; 3. Where...
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The Irish Jurist, Volume 3

Law - 1851 - 844 pages
...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...duty, whether legal or moral, or in the conduct of his affairs in matters where his interest ! is concerned. In such cases the occasion prevents the inference...
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Irish Common Law Reports: Reports of Cases Argued and Determined ..., Volume 5

Law reports, digests, etc - 1857 - 646 pages
...you were justified in using them in that sense. But it is clearly established that a communication fairly made by a person in the discharge of some public...the conduct of his own affairs in matters where his own interests are concerned, prevents the inference of malice which the law draws under other circumsta'nces...
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A Treatise on the Law of Master and Servant: Including Therein Masters and ...

Charles Manley Smith - Labor laws and legislation - 1852 - 638 pages
...II. Communications made in the discharge of private duty ; and III. Communications made by a person in the conduct of his own affairs in matters where his interest is concerned. I. Communications made in the discharge of a public duty, in coarse of To this class may be referred...
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Michigan Reports: Cases Decided in the Supreme Court of Michigan, Volume 124

Michigan. Supreme Court, Randolph Manning, George C. Gibbs, Thomas McIntyre Cooley, Elijah W. Meddaugh, William Jennison, Hovey K. Clarke, Hoyt Post, Henry Allen Chaney, William Dudley Fuller, John Adams Brooks, Marquis B. Eaton, Herschel Bouton Lazell, James M. Reasoner, Richard W. Cooper - Law reports, digests, etc - 1901 - 864 pages
...Pa. St. 404, 414 (2 Atl. 513, 56 Am. Rep. 274); Clark v. Molyneux, 3 QB Div. 237. Baron Parke said : "The occasion prevents the inference of malice which the law draws from unauthorized communications, and affords a qualified defense, depending upon the absence of actual...
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A Complete Practical Treatise on Criminal Procedure, Pleading and Evidence ...

John Frederick Archbold - Criminal law - 1853 - 1010 pages
...it was not libellous. Delaney v. Jones, 4 Esp. 191 ; Lay v. Lawson, 4 A. & E. Ï95. A communication fairly made by a person in the discharge of some public...affairs, in matters where his interest is concerned, is a privileged communication. Toogood v. Spyring, 4 Tyrw, 58^. And if the communication be made in...
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Massachusetts Reports: Cases Argued and Determined in the Supreme ..., Volume 59

Massachusetts. Supreme Judicial Court - Law reports, digests, etc - 1853 - 702 pages
...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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Reports of Cases Argued and Determined in the English Courts of ..., Volume 29

Great Britain. Courts - Law reports, digests, etc - 1854 - 814 pages
...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...in the conduct of his own affairs in matters where he own interest is concerned. In such cases, the occasion prevents the inferen« of malice, which the...
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Irish Common Law Reports: Reports of Cases Argued and Determined ..., Volume 4

Law reports, digests, etc - 1856 - 748 pages
...Twogood v. Spyring(c). Parke, B. (page 192), lays down the rule as to privileged communications : — " In such "cases the occasion prevents the inference of malice, which the law " draws from unauthorised communications, and affords a qualified " defence, depending upon the existence of actual...
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