Massee v. Williams

Citations

• 207 F. 222
• 124 C.C.A. 492
• 1913 U.S. App. LEXIS 1615

Syllabus

<p>1. Libel and Slander (§ 41*) — Privileged Communications — Qualified Privilege.</p> <p>Where an interview between plaintiff and defendant at which alleged slanderous remarks were made was for the purpose of effecting the compromise of a pending suit and related to the business matters out of whi'ch such suit arose, the occasion was qualifiedly privileged as a matter of law, and the subject-matter of the discussion was also privileged.</p> <p>[Ed. Note.—For other cases, see Libel and Slander, Cent. Dig. §§ 127-129; Dec. Dig. § 41.*]</p> <p>2. Libel and Slander (§ 123*)—Actions—Questions foe Jury.</p> <p>In an action for slander, whether utterances on -an occasion which was qualifiedly privileged were made in good faith was a question for the jury, and hence, notwithstanding the privilege, evidence of what was said was admissible.</p> <p>[Ed. Note.-—For other '<cases, see Libel and Slander, Cent. Dig. §§ 356-364; Dec. Dig. § 123.*]</p> <p>3. Libel and Slander (§ 24*)—Publication—Sufficiency.</p> <p>Utterances on an occasion which was qualifiedly privileged in excess of the privilege were actionable, although made only in the presence of the party slandered and his counsel.</p> <p>[Ed. Note.-—For other cases, see Libel and Slander, Cent. Dig. § 106; Dec. Dig. § 24.*]</p> <p>4. Libel and Slander (§ 24*) — Publication — Sufficiency — “Actionable Publication.”</p> <p>To constitute an “actionable publication,” slanderous remarks must be made to, or in such public manner as to reach, some person other than the author or publisher and the party slandered.</p> <p>[Ed. Note.—For other case*, see Libel and Slander, Cent. Dig. § 106; Dec. Dig. § 24.*]</p> <p>5. Libel and Slander (§ 34*)—“Privileged Communication.”</p> <p>A “privileged communication” comprehends all bona fide statements in the performance of any duty, legal, moral, or social, even though of imperfect obligation, when made with a fair and reasonable purpose of protecting the interest of the person making them o