Dole v. Lyon
New York Supreme Court
THIS was an action for a libel, for printing and publishing, in a newspaper called the Northern Budget, on the 15th November, 1808, a certain letter, signed Gilbert D. Young, addressed to the plaintiff. The libel was set forth in the declaration. The letter as published, was introduced with the following note to the printer: “ To the editor of the Northern Budget. The enclosed advertisement having been refused a place in the Troy Gazette, I send it to you for publication.
Read the full summary
THIS was an action for a libel, for printing and publishing, in a newspaper called the Northern Budget, on the 15th November, 1808, a certain letter, signed Gilbert D. Young, addressed to the plaintiff. The libel was set forth in the declaration. The letter as published, was introduced with the following note to the printer: “ To the editor of the Northern Budget. The enclosed advertisement having been refused a place in the Troy Gazette, I send it to you for publication. G. D. Young.” The letter which followed was addressed to the plaintiff; and after various charges and observations, it…
1Opinion of the Court
Kent, Ch. J.
delivered the opinion of the court. 1. The material point raised in this case is, whether the publisher of a libel is responsible to the party libelled, notwithstanding the libel is accompanied with the name of the author.
In the case of Davis v. Lewis, (7 Term Rep. 17.) Lord Kenyon observed, that if a person say that such particular man (naming him) told him certain slander, and that man did in fact tell him so, it is a good defence to an action of slander. There was a similar didum of the judges, in the Earl of Northampton’s Case, (12 Co. 132.) but in neither of these cases was…
2Cited by22 opinions
- Lancour v. Herald & Globe Ass'nSupreme Court of Vermont · 1941
- Jones, Varnum & Co. v. Townsend's AdministratrixSupreme Court of Florida · 1885
- Fitzpatrick v. Daily States Publishing Co.Supreme Court of Louisiana · 1896
- Olmsted v. BrownNew York Supreme Court · 1852
- Folwell v. Providence Journal Co.Supreme Court of Rhode Island · 1896
17 more not listed; retrieve them via the Exa API.