Legal Opinion

Williams v. Godkin

New York Court of Common Pleas

Decided February 15, 1875PublishedCited by 2 opinions

Appeal from an order of this court overruling a demurrer to tiie complaint. The action was for libel, and the complaint alleged that the defendants were the publishers of “ The ¡Nation,” a newspaper published in ¡¡Slew York city, and that the plaintiff had been for several years engaged in the business of overseeing or superintending silver mines, and especially of the Emma Silver ¡Mining Company; that on ¡December 18th, 1873, the defendants published in their paper an…

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Appeal from an order of this court overruling a demurrer to tiie complaint. The action was for libel, and the complaint alleged that the defendants were the publishers of “ The ¡Nation,” a newspaper published in ¡¡Slew York city, and that the plaintiff had been for several years engaged in the business of overseeing or superintending silver mines, and especially of the Emma Silver ¡Mining Company; that on ¡December 18th, 1873, the defendants published in their paper an article entitled “ The True History of a Great Mining Enterprise,” in which were contained the following false and defamatory…

1Opinion of the Court

Daly, Chief Justice.

What was published in the article respecting the plaintiff is upon its face libelous, without any innuendo to point or give effect to it. It is to be understood by the court in the sense in which the world generally would understand it, giving to the words their ordinary meaning, and in understanding what was meant and is conveyed by *502the publication respecting the plaintiff, the scope and meaning of the whole article is to be considered (More v. Bennett, 48 N. Y. 476; Cooper v. Greeley, 1 Denio, 361; Crosswell v. Weed, 25 Wend. 621; Harvey v. French, 2 M. & Selw. 591.)

If…

2Cases cited5 opinions

  1. Sanderson v. . CaldwellNew York Court of Appeals · 1871
  2. More v. . BennettNew York Court of Appeals · 1872
  3. Cooper v. GreeleyCourt for the Trial of Impeachments and Correction of Errors · 1845
  4. Dexter v. SpearU.S. Circuit Court for the District of Rhode Island · 1825
  5. Weed v. FosterNew York Supreme Court · 1851

3Cited by2 opinions

  1. Morgan v. HalberstadtCourt of Appeals for the Second Circuit · 1894
  2. Witcher v. JonesNew York Court of Common Pleas · 1892

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