'the proper meaning of a privileged communication is only this : that the occasion on which the communication was made rebuts the inference prima facie arising from a statement prejudicial to the character of the plaintiff, and puts it upon him to prove... Southern Reporter - Page 2961902Full view - About this book
| Charles Morse, Walter Edwin Lear, Edward Betley Brown - Law reports, digests, etc - 1913 - 636 pages
...communication is only this, that the occasion on which the communication was made rebuts the inference prima facie arising from a statement prejudicial to the character of the plaintiff and puts it upon him to prove that there was malice in fact — that the defendant was actuated by motives of... | |
| Missouri. Supreme Court - Law reports, digests, etc - 1913 - 880 pages
...said to be this : that the occasion on which it was made, rebuts the inference arising, prima-facie, from a statement prejudicial to the character of the plaintiff; and puts it upon him to prove that there was malice in fact, and that the defendffnt was actuated by motives... | |
| Eugene Allen Gilmore, William Charles Wermuth - Law - 1914 - 964 pages
...authority, "is only this: That the occasion on which the communication was made rebuts the inference prima facie arising from a statement prejudicial to the character of the plaintiff, and puts it upon him to prove that there was malice in fact — that the defendant was actuated by motives of... | |
| Law reports, digests, etc - 1916 - 1332 pages
...the duty is not a legal one, but where it is of a moral or social character of imperfect obligation. The occasion on which the communication was made rebuts...of the plaintiff, and puts upon him the burden of provins that there was malice. In short, that the defendant was actuated by motives of personal spite... | |
| James Arthur Ballentine - Encyclopedias and dictionaries - 1916 - 648 pages
...communication. One made when the occasion on which the communication was made rebuts the inference prima facie arising from a statement prejudicial to the character of the plaintiff and puts it upon him to prove that there was malice in fact. See 10* Am. St. R«p. 112, note. Privileged copyholds.... | |
| Heman Gerald Chapin - Torts - 1917 - 720 pages
...Co., Ltd., [1906] 2 KBD 627. See Battersby v. Collier, 34 App. Div. there is rebutted the inference prima facie arising from a statement prejudicial to the character of the plaintiff, and the burden is put upon him to prove that there was malice."4 This is known as "malice in fact." It... | |
| Law reports, digests, etc - 1919 - 1122 pages
...case of a qualified privileged communication, tlie occasion on which it was made rebuts the inference prima facie arising from a statement prejudicial to the character of the plaintiff, and puts the burden on him to prove that there was malice in fact ; that the defendant was actuated by motives... | |
| Law - 1920 - 904 pages
...Wright v. Woodgate, 2 Cromp. M. & R. 673. The proper meaning of privileged communications is only that the occasion on which the communication was made,...malice prima facie arising from a statement prejudicial ta the character of the plaintiff, and puts it on him to prove that there was malice in fact, i. •'.,... | |
| Clement Gatley - Forms (Law) - 1924 - 1064 pages
...QBD, at p. 343. of the term. " The proper meaning of a privileged communication is only this : that the occasion on which the communication was made rebuts the inference [of malice] primd facie arising from a statement prejudicial to the character of the plaintiff, and puts it upon... | |
| Law reports, digests, etc - 1926 - 1144 pages
...privileged communication is that the occasion on which it was made rebuts the inference arising prima facie from a statement prejudicial to the character of the plaintiff, and puts it upon him to prove that there was malice in fact, and the defendant was actuated by motives of personal... | |
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