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Correspondence from Charles Harper [Waterhouse & Co., Solicitors for Constable & Co.] to Otto Kyllmann [Constable & Co., Publishers of Laughing Torso]
[Correspondence concerning Constable & Co.'s preparation for the libel suit brought by Aleister Crowley against Nina Hamnett and the publication of her book Laughing Torso.]
Waterhouse & Co. Solicitors 10 & 12 Bishopsgate, London, E.C.2.
24th November 1932
LAUGHING TORSO
My dear Kyllmann,
In reply to your letter of yesterday in law Whittinghams are equally liable with any of their co-defendants to damages and costs and have no rights of recourse over against the others and that is the same with regard to each of the defendants. That is the strict legal position.
It may be that should there be anything in the way of damages or costs awarded to the plaintiff you will wish to see Whittinghams through and not let them be called upon to pay, but as I have not discussed this with you I do not know.
Your answer to Whittingham depends on this and if it is your intention to see them through you need only say that they can rely upon your indemnifying them from all costs (and, if you wish to add it, damages, although they do not mention these).
There are the defendant's costs assuming that Crowley is beaten entirely. These are not appreciably increased by our acting for Whittinghams as well as for you so it is hardly necessary to say anything about them.
I return the Chiswick Press letter.
Yours sincerely,
Charles S. J. Harper
Otto Kyllmann, Esq., 10 & 12, Orange Street, Leicester Square, W.C.2.
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