Legal Opinion

Powers v. Dubois

New York Supreme Court

Decided May 15, 1837PublishedCited by 7 opinions

Libel. The plaintiff in his declaration stated, by way of inducement, that on the 19th April, 1830, a rail road company was incorporated, called the Canajoharie & Catskill Rail Road Company, for the construction of a rail road from Canajoharie to Catskill, and that on the 14th March, 1831, a bank called the Tanners’ Bank was incorporated, to be located in the village of Catskill; that the whole amount of the capital stock of the rail road company was subscribed, a portion…

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Libel. The plaintiff in his declaration stated, by way of inducement, that on the 19th April, 1830, a rail road company was incorporated, called the Canajoharie & Catskill Rail Road Company, for the construction of a rail road from Canajoharie to Catskill, and that on the 14th March, 1831, a bank called the Tanners’ Bank was incorporated, to be located in the village of Catskill; that the whole amount of the capital stock of the rail road company was subscribed, a portion thereof paid in, and directors chosen to manage the concerns of the company, but the directors neglected to take efficient…

1Opinion of the Court

By the Court,

Nelson, C. J.

The only question presented in this case is, whether, the publication which is set forth in the declaration, and assuming that all the material averments therein are true, contains a libel upon the character of the plaintiff. The words import that he has been guilty of entering into a corrupt understanding or agreement with certain persons supposed to control the political and legislative power of the state, with a view to his own particular advantage, to the serious injury of the public interests. This is, in substance, the charge in second count, in connection with…

2Cited by7 opinions

  1. Sillars v. CollierMassachusetts Supreme Judicial Court · 1890
  2. Petsch v. Dispatch Printing Co.Supreme Court of Minnesota · 1889
  3. Vinson v. O'MalleyArizona Supreme Court · 1923
  4. Pueblo v. GarcíaSupreme Court of Puerto Rico · 1914
  5. Burnham v. HornadayNew York Supreme Court · 1927

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