Klinck v. . Colby
New York Court of Appeals
Appeal from order of the General Term of the second judicial district, affirming an order of Special Term granting defendants’ motion for a new trial. The complaint in this action contained two counts, one for false imprisonment, the other for libel. Upon the first count plaintiff was nonsuited upon the trial.
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Appeal from order of the General Term of the second judicial district, affirming an order of Special Term granting defendants’ motion for a new trial. The complaint in this action contained two counts, one for false imprisonment, the other for libel. Upon the first count plaintiff was nonsuited upon the trial. The alleged libel consisted of an agreement signed by the defendants, kept by one of them, and shown to no one else, save to Anderson, one of the firm of Smith & Anderson, agents of William Kirk, an alien, and having full charge and complete control of all his business affairs here. It…
1Opinion of the CourtFolgeb, J.
The paper prepared by the former counsel of the defendants and signed by them, in effect denominated the plaintiff a robber and a swindler. When such a paper is published, it is prima facie a libel (J' Anson v. Stuart, 1 T. A., 748), and the law implies malice in the author and publisher of it, toward him of whom it speaks. (White v. Nichols, 3 How. U. S., 266.) In an action brought upon it, no proof of malice is needed in the first instance, beyond the proof of publication itself. (Id.) But when the paper published is a privileged communication, an additional burden of proof is put upon the…
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