Rogers v. Cox
Supreme Court of New Jersey
On demurrer to pleas. The plaintiff, in his declaration, alleges that the defendant “willfully stated or transmitted on, &c., * * * to John Alfred Potter, editor, proprietor and publisher of a newspaper published, &c., * * * known as the ‘Cranford Chronicle,’ for publication therein, a libelous, false, slanderous and defamatory story or statement of and concerning the plaintiff, and thereby secured the actual publication of the same in said newspaper in the issue of March…
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On demurrer to pleas. The plaintiff, in his declaration, alleges that the defendant “willfully stated or transmitted on, &c., * * * to John Alfred Potter, editor, proprietor and publisher of a newspaper published, &c., * * * known as the ‘Cranford Chronicle,’ for publication therein, a libelous, false, slanderous and defamatory story or statement of and concerning the plaintiff, and thereby secured the actual publication of the same in said newspaper in the issue of March 30th, 1900.” Then follows the alleged defamatory publication, with averments of its meaning and the claim of damages. The…
1Opinion of the Court
The opinion of the court was delivered by
Collins, J.
The claim in the brief of counsel for the defendant, that the declaration does not show a cause of action *434against the defendant, is not well founded. The case made is one of a joint tort in the publication of the alleged libel in the “Cranford Chronicle” on the date mentioned, the inspiration coming from the defendant and the newspaper being issued by Potter. It is expressly averred that the defamatory matter was communicated for the purpose of its publication in that newspaper. The pleas, therefore, are fairly before the court.
In case of…
2Cases cited1 opinion
- Spurr v. North Hudson County RailroadSupreme Court of New Jersey · 1894
3Cited by8 opinions
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- Gelsmine v. VignaleNew Jersey Superior Court Appellate Division · 1951
- Aljian v. Ben Schlossberg, Inc.New Jersey Superior Court Appellate Division · 1950
- Stires v. SherwoodOregon Supreme Court · 1915
- Boca Grande Club, Inc. v. Florida Power & Light Co.Supreme Court of the United States · 1994
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