Havemeyer v. Fuller
The Superior Court of New York City
Trial of cause. Theodore A. Havemeyer sued Lawson H. Fuller in the superior court for 8100,000 damages, for alleged slanderous words uttered by the defendant at a public meeting in Chickering Hall, on January 6, 1879. The judge dismissed the complaint.
1Opinion of the CourtFreedman, J.
The assurance given by the learned counsel for the plaintiff, and made after consultation with his client, that my decision on the motion to dis*10miss, no matter what it might be, would not be excepted to, has had an embarrassing effect on me." It involved as high a compliment as can be paid to the acumen and conscientiousness of a judge, and as, such I shall always remember it. But at the sainé time I felt that it imposed upon me the correlative duty of exercising more than ordinary care in coming to a conclusion. I felt that on waiving his right of appéal the plaintiff had the right to…
2Cases cited9 opinions
- Terwilliger v. . WandsNew York Court of Appeals · 1858
- Tobias v. HarlandNew York Supreme Court · 1830
- Kendall v. . StoneNew York Court of Appeals · 1851
- Squier v. GouldNew York Supreme Court · 1835
- Hallock v. MillerNew York Supreme Court · 1848
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3Cited by2 opinions
- Childs v. TuttleNew York Supreme Court · 1888
- Collier v. Postum Cereal Co.Appellate Division of the Supreme Court of the State of New York · 1912