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30 Me. 466

Lancey v. Bryant

Supreme Judicial Court of Maine

Decided July 1, 1849

Supreme Judicial Court of Maine · decided 1849-07-01

Libel against the mayor and clerk of the city of Bangor, for a statement contained in their annual printed report of the financial condition of the city, for the year 1845. The words alleged to be libelous were as follows. — “Balance due from John Lancey, collector of taxes for 1836, $6004,50.” It was conceded, that the plaintiff was the collector of taxes for 1836.

Cited by 2 later decisions — most recently June 1881

2 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1849-07-01

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By the Court.

¶1— The plaintiff asserts that the statement made by the defendants in their printed report, was libelous, because it represented the plaintiff to be indebted to the city in a larger sum than he really owed. The instruction left the jury to decide the question of malice. That was correct. The first requested instruction was properly withheld ; for there is no rule of law, that the officers of a city or town must be acquainted with the contents of all its records.

¶2The second requested instruction could not have been properly given. There was no evidence, that the defendants knew there were records relative to the matters, as to which care and diligence were supposed to be required.

¶3Judgment on the verdict.

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