Southwick v. Stevens
New York Supreme Court
THIS was an action for a libel. The cause iras tried before Mr. Justice Yates, at the Albany circuit, in April, 1812. The libel set forth in the declaration was as follows, to wit, K It is with unfeigned grief we inform our readers, that Southwick, the late editor of the Albany Register, has become insane; the progress of his malady has been observed for some time past; and, at length, much to the regret of his friends, and his adversaries, it has resulted in a confirmed…
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THIS was an action for a libel. The cause iras tried before Mr. Justice Yates, at the Albany circuit, in April, 1812. The libel set forth in the declaration was as follows, to wit, K It is with unfeigned grief we inform our readers, that Southwick, the late editor of the Albany Register, has become insane; the progress of his malady has been observed for some time past; and, at length, much to the regret of his friends, and his adversaries, it has resulted in a confirmed lunacy. The friends of the unfortunate, we understand, have confined him to his former editorial closet, and have consigned…
1Per curiam
The decision of the judge at the trial, upon the points of law, was correct. Parol proof that the defendant was state printer, and president of the Mechanics’ Bank, was admissible. Those facts were only inducement, and introduced as collateral matter, and not as matter in issue; and the practice is not /to require such strict technical proof, as if they were facts in issue. It is every day’s practice to give parol proof, in such cases, of matters of fact, susceptible, even, of proof of the most solemn kind. The proof of the publication, by the defendant, ivas, also, prima facie, sufficient.…
2Cited by14 opinions
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