Garr v. . Selden
New York Court of Appeals
Garb brought an action for libel against Selden, in the supreme court. On demurrer to the declaration, the court gave judgment in the plaintiff’s favor, and the damages were assessed on writ of inquiry at $5000. The defendant ap- [92] pealed to this court. The case is sufficiently stated in the opinion of Hublbdt, J. P. Y. Cutler, for appellant. I. The writing complained of as libellous is plainly a privileged communication.
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Garb brought an action for libel against Selden, in the supreme court. On demurrer to the declaration, the court gave judgment in the plaintiff’s favor, and the damages were assessed on writ of inquiry at $5000. The defendant ap- [92] pealed to this court. The case is sufficiently stated in the opinion of Hublbdt, J. P. Y. Cutler, for appellant. I. The writing complained of as libellous is plainly a privileged communication. It was an affidavit used upon a motion, in the regular course of a judicial proceeding. The questions of negligence, impropriety and general unfitness and lack of duty…
1Opinion of the CourtHurlbut, J.
The declaration shows that the plaintiff, exercising the profession of an attorney, counsellor and solicitor, had transacted a considerable business for the defendant and another, and not receiving satisfaction had instituted a suit in the supreme court against them, to recover compensation for such services; in which suit the defendants had pleaded the general issue and given notice that they would prove on the trial “ that the plaintiff conducted the prosecution and defence of the several suits, and attended to the other professional business of attorney, &c. in the declaration mentioned,…
2Cases cited1 opinion
- Gilbert v. PeopleCourt for the Trial of Impeachments and Correction of Errors · 1845
3Cited by24 opinions
- Andrews v. . GardinerNew York Court of Appeals · 1918
- Myers v. HodgesSupreme Court of Florida · 1907
- Chapman v. DickAppellate Division of the Supreme Court of the State of New York · 1921
- Reed Yates Farms, Inc. v. YatesAppellate Court of Illinois · 1988
- Robinson v. Home Fire & Marine InsuranceSupreme Court of Iowa · 1951
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