Gould v. Weed
New York Supreme Court
This was an action for a libel, tried at the Albany circuit in September, 1831, before the Hon. James Vanderpoel, one of the circuit judges. The declaration contained several counts.
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This was an action for a libel, tried at the Albany circuit in September, 1831, before the Hon. James Vanderpoel, one of the circuit judges. The declaration contained several counts. The third count stated, by way of inducement, that it was generally reported, suspected and believed, that a conspiracy had been formed by certain wicked and evil disposed persons, being members of the fraternity of free-masons, to kidnap one William Morgan, and that pursuant to such conspiracy, Morgan had been kidnapped and carried away by such wicked and evil disposed persons, and had been by them murdered; and…
1Opinion of the Court
By the Court,
Nelson, J.
The plaintiff, on the trial, abandoned in open court all the counts in his declaration except the third, and restricted his claim to damages to a distinct portion of the libellous matter alleged in that count. It contained the essence of the whole charge, and severely arraigned the conduct and character of the plaintiff. That the plaintiff had the right thus to limit the subject matter in litigation to a specific point, is beyond question, and indeed was not contested on the argument. 7 Johns. R. 120.
The charge relied on to sustain the action was, in substance, that…
2Cases cited1 opinion
- Beardsley v. MaynardNew York Supreme Court · 1830
3Cited by9 opinions
- Hart v. SeixasNew York Supreme Court · 1839
- In re BakerNew York Supreme Court · 1855
- Israel v. IsraelMissouri Court of Appeals · 1904
- Bush v. ProsserNew York Supreme Court · 1852
- Bensch v. FarnsworthIndiana Court of Appeals · 1893
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