Skinner v. Powers
New York Supreme Court
This was an action for a libel? tried at the Cayuga circuit in June, 1827, before the Hon. Samuel Nelson, one of the circuit judges.
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This was an action for a libel? tried at the Cayuga circuit in June, 1827, before the Hon. Samuel Nelson, one of the circuit judges. The declaration, after stating, by way of inducement, that at the time of the publication complained of, the plaintiff was agent of the state for escheated lands, to examine into titles, obtain testimony and superintend suits, for which he received a salary, and had the disbursement of large sums of money in the prosecution of such suits; that on the 15th March, 1825, a resolution was passed in the house of assembly, calling on the commissioners of the…
1Opinion of the Court
By the Court,
Savage, Ch. J.
It cannot surely be necessary to go into an examination of authorities to shew, that the publication in a newspaper of rumors, is not justified by the fact that such rumors existed. It is proper in mitigation, and in that way the defendant had the benefit of it. The law relating to the publication of a true history of legislative or judicial proceedings, has no connection with this case. Had the defendant simply published the resolutions of the assembly, and the discussions in that house, he would have been within the cases cited.
On the second question, there is no…
2Cited by22 opinions
- Jones, Varnum & Co. v. Townsend's AdministratrixSupreme Court of Florida · 1885
- Shenkman v. O'MalleyAppellate Division of the Supreme Court of the State of New York · 1956
- Kilian v. Doubleday & Co.Supreme Court of Pennsylvania · 1951
- Meeker v. Post Printing & Publishing Co.Supreme Court of Colorado · 1913
- Cassidy v. Gannett Co.New York Supreme Court · 1940
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