Montgomery v. Knox

Citations

• 23 Fla. 595

Syllabus

<p>1. In libel any language published of a person that tends to degrade him, or to bring him into ill repute', or to destroy the confidence of his neighbors in his integrity, or to cause other like injury, is actionable per se.</p> <p>2. M. published of K. this : “We have recently been defending a suit brought against this association by a citizen of Micanopy, who lost his stock of goods by fire during last October. There were circumstances which satisfied the board of directors that the fire was not accidental, consequently we did not feel that we had the right to assess the members of this association to pay what we had reason to believe a fraudulent loss: ” Held, That a declaration in libel with a count on this language containing proper colloquium and innuendo as to its being of and concerning K. and as to his connection with the subject matter, is sufficient.</p> <p>8. It is no objection to a declaration in libel that the libelous matter does not charge a crime; nor, where such matter is actionable per se, that special damage is not alleged.</p> <p>4. Under our statute it is error to permit a party to prove that his witness has ma'de statements before inconsistent with his present statements, unless during his examination the circumstances and the occasion of his former statements have been brought to his attention.</p> <p>5. In libel, under a plea of not guilty, it is admissible for defendant to prove, in mitigation of damages, that there was a general suspicion and belief of the truth of the published charge; and under a plea of privileged publication, such evidence is admissible as-pertinent to the question of express malice.</p> <p>6. A charge of the court to the jury, correct as far as it goes, but wanting in fullness, will not be held objectionable in this court, where it appears that the defect was after wards cured by instructions given by the court at the request of counsel.</p> <p>7. It is not error in a libel case to charge the jury that if they are