Homer v. Engelhardt

It is not libellous to publish of a man that, “ to get rid of a just claim in court, he set up as a defence the existing prohibitory liquor law."

Tort for libel. The declaration was as follows: “ And the plaintiff says the defendant caused to be published in a newspaper called the Boston Volksblatt, printed in the German language, published in Boston in the County of Suffolk, on September 26,1873, a false and malicious libel concerning the plaintiff, a copy of which is hereto' annexed as follows s ‘ Dem deutschen Publicum zur Nachricht dass der Wirth Valentine Homer, 1863 Washington Str. um einer gerechten Forderung zu entgehen ais Vertheidigung var Gericht dos bestehende LiquorGesetz anführte. Wir halten. es für unsere Pflicht solche Falle zu publiziren um Bierbrauer und Liquor-Handler zu warnen. M. Engelhard! & Co.’' Which translated into the English language is as follows: 6 Information to the German public. The saloon keeper, Valentine Homer, No. 1863 Washington Street, to get rid of a just claim in court, set up as a defence the existing prohibitory liquor law. We feel it our duty to make such conduct publicly known, in order to caution beer brewers and liquor dealers. M. Engelhard! & Co.’ ” The defendant demurred to the declaration, assigning for cause that the declaration did not state a legal cause of action substantially in accordance with the rules contained in the Gen. Sts. c. 129, inasmuch as it contained no actionable words or other cause of action. In the Superior Court the demurrer was sustained and judgment ordered for the defendant; the plaintiff appealed.