O'Brien v. Bennett
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, James Gordon Bennett, from a- judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Albany on the 16th day of October, 1901, upon the verdict of a jury for $5,000, and also from an order entered in said clerk’s office on the 10th day of October, 1901, denying the defendant’s motion for a hew trial made upon the minutes.
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Appeal by the defendant, James Gordon Bennett, from a- judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Albany on the 16th day of October, 1901, upon the verdict of a jury for $5,000, and also from an order entered in said clerk’s office on the 10th day of October, 1901, denying the defendant’s motion for a hew trial made upon the minutes. The alleged libel is as follows: “Arrested With Her Acquaintance. , “Mrs. Cook and her companion taken into custody when she kept his change. “ Fake $100 Bill eor Drink. “They had met on the train…
1Opinion of the Court
Fursman, J.:
A libel has been defined to be “ a censorious or ridiculing writing, picture or sign, made with, a mischievous and malicious intent *370towards government, magistrates or individuals.” (People v. Croswell, 3 Johns. Cas. 353.) “ A libel is a malicious publication * * * tending either to blacken the memory of one dead or the reputation of one who is alive,-and expose him to public hatred, contempt or ridicule.” (Commonwealth v. Clap, 4 Mass. 168; Ryckman v. Delevan, 25 Wend. 198.) . In the present case the obvious and necessary effect of the publication was to expose the plaintiff to…
2Cases cited6 opinions
- Klinck v. . ColbyNew York Court of Appeals · 1871
- Fry v. BennettThe Superior Court of New York City · 1851
- Steele v. SouthwickNew York Supreme Court · 1812
- Stokes v. Morning Journal Ass'nAppellate Division of the Supreme Court of the State of New York · 1901
- Ryckman v. DelavanNew York Supreme Court · 1840
1 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Frederick H. Hope v. Hearst Consolidated Publications, Inc., the Hearst Corporation and Igor CassiniCourt of Appeals for the Second Circuit · 1961
- Frederick H. Hope v. Hearst Consolidated Publications, Inc., the Hearst Corporation and Igor CassiniCourt of Appeals for the Second Circuit · 1961