Foot v. Tracy
New York Supreme Court
THIS was an action for publishing two libels, concerning the plaintiff, in 'the Lansingburgh Gazette. The cause was tried before Mr. Chief Justice Kent, at the Albany cir-_ J cuit, in October 1804. The declaration contained two counts ! one for a publication, on the 3d day of May 1803, 0f the following words : “ The character of the wretch is too well known to require a description, every lineament of his countenance reminds the beholder, that he was not bom to be…
Read the full summary
THIS was an action for publishing two libels, concerning the plaintiff, in 'the Lansingburgh Gazette. The cause was tried before Mr. Chief Justice Kent, at the Albany cir-_ J cuit, in October 1804. The declaration contained two counts ! one for a publication, on the 3d day of May 1803, 0f the following words : “ The character of the wretch is too well known to require a description, every lineament of his countenance reminds the beholder, that he was not bom to be drowned.”—The other count- was for a publication, on the 16th August, 1803, of the following words : “Yet “ these are cases which…
1Opinion of the CourtThompson, J.
This is an application for a new trial, on the ground that the defendant was not permitted to give evidence touching the general character of the plaintiff.— The action was for publishing a libel, and the single question presented, is, whether in such case, it be competent for the defendant to go into evidence of the plaintiff’s general character ?
I have had some difficulty, in making up an opinion on this question. The researches of counsel, have not bee» *47able to furnish us with much aid from adiudged cases; and . . . T , v J, t our practice at circuits has not, l believe, been uniform on…
2Cited by12 opinions
- Bailey v. BaileySupreme Court of Iowa · 1895
- Patterson & Frisbie v. ElyCalifornia Supreme Court · 1861
- Press Pub. Co. v. McDonaldCourt of Appeals for the Second Circuit · 1894
- Matson v. BuckNew York Supreme Court · 1826
- Hamer v. McFarlinNew York Supreme Court · 1847
7 more not listed; retrieve them via the Exa API.