Snyder v. Andrews
New York Supreme Court
This was an action on the case for a libel. The defendant pleaded the general issue, and gave notice of special matter. The alleged libel was contained in a letter written by the defendant and addressed to the plaintiff, and sent to him by mail, after having been read to two or three persons by the defendant. The most material part of the letter was as follows: “ Sir: It is now discovered who had received the balance of account from George W. Cole.
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This was an action on the case for a libel. The defendant pleaded the general issue, and gave notice of special matter. The alleged libel was contained in a letter written by the defendant and addressed to the plaintiff, and sent to him by mail, after having been read to two or three persons by the defendant. The most material part of the letter was as follows: “ Sir: It is now discovered who had received the balance of account from George W. Cole. I sued him and he brought forward a receipt in which my name was used; but every word, line and letter was in your hand-writing. Now here is a…
1Opinion of the CourtWillard, J.
There are only three points raised by this bill of exceptions, viz. First, whether the reading of a letter, alleged to be libellous, to a third person, is a publication. Second, whether the judge was warranted in charging the jury that the letter in this case imported a charge of forgery. And third, whether the facts proved, on the part of the defendant, were admissible in bar of the action, or only in mitigation bf damages.
First. The fact, that the defendant read the letter to a stranger, before it was sent to the plaintiff, was not questioned on the trial, and is assumed to be true, by the…
2Cases cited11 opinions
- Van Vechten v. HopkinsNew York Supreme Court · 1809
- Gibson v. WilliamsNew York Supreme Court · 1830
- Cooper v. GreeleyCourt for the Trial of Impeachments and Correction of Errors · 1845
- Gilman v. LowellNew York Supreme Court · 1832
- Dexter v. TaberNew York Supreme Court · 1815
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3Cited by33 opinions
- The People v. . CookNew York Court of Appeals · 1853
- Moore v. . FrancisNew York Court of Appeals · 1890
- Julian v. American Business Consultants, Inc.New York Court of Appeals · 1956
- Pittock & Mills v. O'NiellSupreme Court of Pennsylvania · 1870
- Hartmann v. WinchellNew York Court of Appeals · 1947
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