Pecue v. . West
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the third judicial department, entered May 7, 1920, affirming a judgment in favor of defendant entered upon a dismissal of the complaint by the court at a Trial Term. The publication, as a matter, of law, was not privileged. (Allen v. Crowfoot, 2 Wend. 513; Lathrop v. Hyde, 25 Wend. 447; Smith v. Hodgeskins, Cro.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the third judicial department, entered May 7, 1920, affirming a judgment in favor of defendant entered upon a dismissal of the complaint by the court at a Trial Term. The publication, as a matter, of law, was not privileged. (Allen v. Crowfoot, 2 Wend. 513; Lathrop v. Hyde, 25 Wend. 447; Smith v. Hodgeskins, Cro. Car. 276; Dancaster v. Hewson, 2 M. & R. 176; Smith v. Kerr, 1 Barb. 155.) Neither was the communication qualifiedly privileged. (Byam v. Collins, 111 N. Y. 151; Rose v. Imperial Engine Co., 110 App. Div. 439;…
1Opinion of the CourtAndrews, J.
During 1918 George H. West was supérintendent of the law and order department of the New York Civic League. It seems to have been his duty when he received information as to vice and immorality in a community to convey it to the authorities and ask them to look into the matter. Charles Pecue had a saloon in Granville until September thirtieth, when his license expired. He then moved to a small building in the same town, which had formerly been a saloon, and used it as a restaurant and poolroom. He was a married man with children, and he and his family lived in a house next door. West had not…
2Cases cited25 opinions
- In Re Quarles and ButlerSupreme Court of the United States · 1895
- Vogel v. GruazSupreme Court of the United States · 1884
- Andrews v. . GardinerNew York Court of Appeals · 1918
- Hemmens v. . NelsonNew York Court of Appeals · 1893
- Klinck v. . ColbyNew York Court of Appeals · 1871
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3Cited by86 opinions
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- Stukuls v. State of New YorkNew York Court of Appeals · 1977
- Coleman v. Newark Morning Ledger Co.Supreme Court of New Jersey · 1959
- Julian v. American Business Consultants, Inc.New York Court of Appeals · 1956
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