Wesley v. Bennett
The Superior Court of New York City
Demurrer to complaint. This action was brought by Edward B. Wesley against James Gordon Bennett, editor and proprietor of the Hew York Herald, for alleged libels published in that paper. ■ The complaint stated two causes of action.
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Demurrer to complaint. This action was brought by Edward B. Wesley against James Gordon Bennett, editor and proprietor of the Hew York Herald, for alleged libels published in that paper. ■ The complaint stated two causes of action. The facts stated as the first cause were substantially as follows :—That the plaintiff was a broker, of the firm of Wesley &• Kowalski, and was also one of the proprietors of the Hew York Daily Times, and had always been and was a good, true, and honest citizen, and always so reputed prior to the publication of the libels complained of;—that his business as banker…
1Opinion of the Court
By the Court.*—Bosworth, J.
—Section 164 of the Code declares that “ in an action for libel or slander, it shall not be necessary to state in the complaint any extrinsic facts, for the purpose of showing the application to the plaintiff, of the defamatory matter out of which the cause of action arose; but it shall be sufficient to state generally that the same was spoken or published concerning the plaintiff; and if such allegation be controverted, the plaintiff shall be bound to establish, on trial, that it was so spoken or published.”
*502The complaint in this action states that the defamatory…
2Cited by3 opinions
- Petsch v. Dispatch Printing Co.Supreme Court of Minnesota · 1889
- Garby v. BennettAppellate Division of the Supreme Court of the State of New York · 1899
- Cottrill v. CramerWisconsin Supreme Court · 1876