Mullett v Hulton
| Jurisdiction | England & Wales |
| Judgment Date | 01 January 1801 |
| Date | 01 January 1801 |
| Court | High Court |
English Reports Citation: 170 E.R. 708
IN THE COURTS OF KING'S BENCH AND COMMON PLEAS.
708 MULLETT V. HULTON 4 ESP. 248. [248] Sitting-day after Term, at Westminster Feb 14th mullett v hui/ton (Where a libellous letter refers to a newspaper, an containing the slanderous matters imputed to the plaintiff, the defendant may give the newspaper in evidence, in mitigation of damages, under the general issue ) This was an action on the case, for a libel. Plea of the general issue, not guilty The declaration stated, That the plaintiff, being a person of good fame, &c and being about to take a house of one Salter,-the defendant, in order to prevent him, and to injure and defame him, addressed a certain letter to Salter ; and therein said of the defendant, " Mr Hulton (the defendant) cannot for a moment suppose that Mr Salter is acquainted with the newspaper particulars, relative to the party alluded to (meaning the plaintiff Mullett) otherwise it is not probable Mr Salter would introduce an acknowledged felon, debauchee, and seducer into the neighbourhood of Angel Bow " The plaintiff proved the letter, in which the slander was written, to be the handwriting of the defendant ; and there rested his case Erskme, for the defendant, contended, That he was at liberty to go into evidence, that the plaintiff had been in fact a seducer, not as an answer to the action ; but in mitigation of the damages. He admitted, that not having pleaded the truth of the words, he could not prevent a verdict from passing against the defendant , but that he having referred to newspaper authority for the...
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