Charles Pecue, Appellant v. George H. West, Respondent

Summary

The Court of Appeals reversed the Appellate Division and remanded for a new trial, holding that a letter to a district attorney alleging criminal conduct is only qualifiedly privileged and that the plaintiff must prove actual malice, which the evidence was sufficient to infer. The Court found the nonsuit improper. A dissent argued that the privilege was absolute and that the burden of proof lay with the plaintiff.