Cooper v. Barber
New York Supreme Court
This was an action for a libel, tried at the Montgomery circuit, in May, 1839, before the Hon. John Willard, one of the circuit judges. The defendant was the editor of a newspaper called the Otsego Republican, and on the 14th of August, 1837, republished in that paper an article from another paper called the Chenango Telegraph, which commenced as follows—“ J. Fenimore Cooper.
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This was an action for a libel, tried at the Montgomery circuit, in May, 1839, before the Hon. John Willard, one of the circuit judges. The defendant was the editor of a newspaper called the Otsego Republican, and on the 14th of August, 1837, republished in that paper an article from another paper called the Chenango Telegraph, which commenced as follows—“ J. Fenimore Cooper. This gentleman, not satisfied with having drawn down upon his head universal contempt from abroad, [meaning Europe,] has done the same thing for himself at Cooperstown, where he resides.” The article also contained other…
1Opinion of the Court
By the Court,
Bronson, J.
The defendant republished in his paper an article from the Chenango Telegraph, certain parts of which were pointed out on the trial as being libellous. He accompanied the republication with remarks of his own, none of which were mentioned at the trial as being actionable. The notice annexed to the defendant’s plea, affirmed the truth of *106some of the facts mentioned in his remarks. This is the most that can be justly claimed for the notice. It was insufficient, and the evidence which the defendant offered under it, would have been inadmissible, although [ *107 ] nothing had…
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