Opinion
Argued December 5, 1929
Decided January 7, 1930
Appeal from the Supreme Court, Appellate Division, First Department.
Samuel Sumner Goldberg and Hyman Podell for appellant.
R.M.S. Putnam and Joseph Nemerov for respondent.
Upon this record the jury could properly find that the defendant had no information and no belief that the plaintiff had been guilty of any wrong. The privilege of transmitting information of an alleged crime to the appropriate public officers cannot apply to a communication sent under such circumstances.
The judgment should be affirmed, with costs.
CARDOZO, Ch. J., POUND, CRANE, LEHMAN, KELLOGG, O'BRIEN and HUBBS, JJ., concur.
Judgment affirmed.