Spencer v. Southwick
New York Supreme Court
THIS was ah action for a libel, published by the defendant in She newspaper called the u Albany Regisler.” The same cause " 7 . e\ T i came before the court, on a demurrer to the plea, (see 9 Johns. Rep. 314.) when the court gave judgment in favour of the defendant, with leave, however, to the plaintiff to withdraw his demurrer and reply.
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THIS was ah action for a libel, published by the defendant in She newspaper called the u Albany Regisler.” The same cause " 7 . e\ T i came before the court, on a demurrer to the plea, (see 9 Johns. Rep. 314.) when the court gave judgment in favour of the defendant, with leave, however, to the plaintiff to withdraw his demurrer and reply. The 'plaintiff having accordingly withdrawn the de , - , , murrer, and replied, the cause now came again betore the court, on a demurrer to that replication. The declaration and plea are stated in the former report of the case, (a)The replication was as…
1Opinion of the Court
Kent, Ch. J.
delivered the opinion of the court. The plaintiff in his replication has assitmed and traversed a fact not averred in the libel, nor in the plea. The fact so assumed is, that at the time the plaintiff, as senator, advocated and supported the Manhattan bill, he was owner of stock created by the bill, or was interested in the same. As I read the libel no such charge was made by the defendant. The substance of the charge is hypocrisy and deception in the plaintiff in the performance of his trust as senator, in effecting the incorporation of the Manhattan company, and that the…
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