Homer v. Engelhardt
Cases that cite this one
15 later published cases cite this decision.
- Golden North Airways, Inc., a Corporation v. Tanana Publishing Company, Inc., a Corporation (9th Cir. 1955)
- Anderson v. Kennedy (Ga. Ct. App. 1933)
- Peck v. Wakefield Item Co. (Mass. 1932)
- Fey v. King (Iowa 1922)
- Bennet v. Commercial Advertiser Ass'n (New York Supreme Court 1919)
- Holloway v. Scripps Publishing Co. (Ohio Ct. App. 1919)
- Stannard v. Wilcox & Gibbs Sewing Machine Co. (Md. 1912)
- State v. O'Hagan (N.J. 1906)
- Nichols v. Daily Reporter Co. (Utah 1905)
- Watters & Son v. Retail Clerks Union No. 479 (Ga. 1904)
- Foot v. Pitt (Appellate Division of the Supreme Court of New York 1903)
- Hollenbeck v. Hall (Iowa 1897)
- Stewart v. Minnesota Tribune Co. (Minn. 1889)
- Twombly v. Monroe (Mass. 1884)
- Husted v. O'Donnell (Mass. 1875)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
No action can be maintained in this Commonwealth for the price of liquor sold in violation of law. St. 1869, c. 415, § 63. If such action is brought, it is the right of the defendant to set up in his answer this provision of thp statute. It is a perfectly legitimate and legal defence, and stands as other defences stand, which the law interposes to' defeat what, under other circumstances, would be a just demand.
This publication does not charge that the plaintiff falsely or even unsuccessfully set up as a defence the existing prohibitory law. The gist of the charge is simply that he did set up such a defence. The plaintiff having the right to make this defence, it is not libellous to publish the statement that he had done so. The demurrer was rightly sustained in the court below.
Judgment for the defendant affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.