Stone v. Cooper
New York Supreme Court
On error from the supreme court. Cooper sued Stone in the court below for libel. The declaration alleged that on the 17th June, 1842, an award was made pursuant to a submission to arbitration between the parties, by which the defendant was ordered to pay to the plaintiff §300 in sixty days from the time of making the award; and also that before the publication complained of “ various, and oftentimes vague and inconsistent statements and representations had been made and…
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On error from the supreme court. Cooper sued Stone in the court below for libel. The declaration alleged that on the 17th June, 1842, an award was made pursuant to a submission to arbitration between the parties, by which the defendant was ordered to pay to the plaintiff §300 in sixty days from the time of making the award; and also that before the publication complained of “ various, and oftentimes vague and inconsistent statements and representations had been made and circulated of and concerning the said plaintiff, to the effect that he the said plaintiff had done something disreputable…
1Opinion of the CourtCowejst, J.
The nature of the story concerning the lock, is not stated in the inducement: therefore, although the allusion to it, at the conclusion of the article, may be sufficiently charged, it cannot be regarded as rendering the clause libellous. The story should have been stated, that it might-be seen on the record to have been discreditable. The whole is in effect, averring no more, than that the defendant has said something disgraceful of the plaintiff, without showing what it was. That would be ill pleading.
Both the first and secorid counts, therefore, must stand, if at all, on the same ground,…
2Cases cited1 opinion
- Miller v. MaxwellNew York Supreme Court · 1836
3Cited by24 opinions
- O'Connell v. . Press Publishing Co.New York Court of Appeals · 1915
- More v. . BennettNew York Court of Appeals · 1872
- Schomberg v. WalkerCalifornia Supreme Court · 1901
- Crashley v. . Press Publishing Co.New York Court of Appeals · 1904
- Perkins v. MitchellNew York Supreme Court · 1860
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