Legal Opinion

Viele v. Gray

New York Court of Common Pleas

Decided December 15, 1859PublishedCited by 8 opinions

Demurrer to complaint. The action was for slander. The facts are stated in the opinion.

1Opinion of the Court

Daly, F. J.

The complaint avers that a scandalous, criminal, and obscene libel, was published by some person unknown to’ the plaintiff, of and concerning Messrs. Olmstead and Vaux, who had submitted a plan for the improvement of the Central Paik, and the editor of the Evening Post, being an obscene caricature, a copy of which is annexed to the complaint, and that the defendant at a meeting'of, and in the hearing of the commissioners of the Central Park, referring to this caricature, said of the plaintiff: “ He is the author of it, I know it.” The first objection raised by the demurrer is, that…

2Cases cited5 opinions

  1. Foshay v. FergusonNew York Supreme Court · 1846
  2. Fry v. BennettThe Superior Court of New York City · 1851
  3. Gilman v. LowellNew York Supreme Court · 1832
  4. Howard v. ThompsonNew York Supreme Court · 1839
  5. Andres v. KoppenheaferSupreme Court of Pennsylvania · 1817

3Cited by8 opinions

  1. Wilson v. NoonanWisconsin Supreme Court · 1874
  2. Prince v. Brooklyn Daily EagleNew York Supreme Court · 1896
  3. Cabin v. Community Newspapers, Inc.New York Supreme Court · 1966
  4. Bingham v. GaynorNew York Supreme Court · 1910
  5. Prescott v. TouseyThe Superior Court of New York City · 1884

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