Harvard Law Review Volume 22

Harvard Law Review Volume 22

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1909 edition. Excerpt: ... appearing." The plaintiffs were later sued for a libel which had appeared with their full knowledge, and had to pay damages. They then sued the defendant on the contract of indemnity. Held, that they cannot recover. Smil/1 6 Son v. Clinton, 25 T. L. R. 34 (Eng. K. B. D., Oct. 28, 1908). The law allows no contribution between intentional and conscious wron doers. Merrywealber v. lVz'.ran, 8 T. R. r86. And contracts to indemnify suc wrongdoers are void. Arnold v. ClQ7"orrl. 2 Sumn. (U. S.) 238. The present case, therefore, is supported by the authorities. Atkins v.jo/mson, 43 Vt. 78. It has never been decided, however, whether an express contract of indemnity would be a nullity where both parties are equally anxious to avoid the publica tion of libellous matter. Contribution is generall allowed between negligent but unconscious wrongdoers. A rmslrong Co. v. larion Co., 66 Pa. 218. See 12 HARV. L. REV. 176. A forliori, contracts to indemnify non-negligent unconscious wrongdoers will be supported. Stone v. Hooker, 9 Cow. (N. Y.) I 54. And in construing a contract of indemnity no presumption will be indulged that a contract contrary to public policy was intended. Bahook v. Terry, 97 Mass. 482. So, such an agreement between an editor and a printer who are bona fide may be construed as one to indemnify for all expenses incurred in groundless suits. See Babcook v. Terry, supra. And it is submitted that the action on the indemnity contract should not cease to be maiutainable because. in a doubtful case, the court support the jury in finding that there was an actionable libel. MALICIOUS PROSECUTION--PROBABLE CAusE--CONVICTION SunseQUENTLY REVERSED As Evmanca.--The defendant instituted criminal proceedings against the plaintiff, who...show more

Product details

  • Paperback | 328 pages
  • 189 x 246 x 18mm | 585g
  • Rarebooksclub.com
  • United States
  • English
  • black & white illustrations
  • 1236889347
  • 9781236889348