Andres v. Wells
New York Supreme Court
THIS 'was an action on the case for a libel, The cause was tried before Mr. Justice Van Ness, at the Rensselaer circuit, in June, 1810. The libel was proved to have been published in the Troy Gazette, the 3d October, 1809; the paper was printed by John C. Wright, who was the editor. It was proved that the defendant, after the publication of . . ' 1 the libel m question, admitted that he was one of the pro- . Tir • . 1 , ■ „ . prietors.
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THIS 'was an action on the case for a libel, The cause was tried before Mr. Justice Van Ness, at the Rensselaer circuit, in June, 1810. The libel was proved to have been published in the Troy Gazette, the 3d October, 1809; the paper was printed by John C. Wright, who was the editor. It was proved that the defendant, after the publication of . . ' 1 the libel m question, admitted that he was one of the pro- . Tir • . 1 , ■ „ . prietors. Wright and two others were owners or the press an¿ establishment, and assigned the same to the defendant and Thomas Hillhouse, as security for their…
1Opinion of the CourtSpencer, J.
Two questions arise in this case, for our consideration.
- 1. Is a proprietor of a newspaper, in which a libel is published, answerable by action, though he has no concern in conducting it, and the publication was without his privity ?
2. Is the defendant to be considered, in point of fact, such proprietor?
In the case of Rex v. Walter, (3 Esp. N. P. Cas. 21.) Lord Kenyon was clearly of opinion that the proprietor of a newspaper was answerable criminally, as well as civilly, for the - acts of his servants or agents, for misconduct in conducting a newspaper; and he said it was not his opinion…
2Cited by13 opinions
- Sweeney v. BakerWest Virginia Supreme Court · 1878
- Hunt v. . BennettNew York Court of Appeals · 1859
- Crane v. . BennettNew York Court of Appeals · 1904
- Lothrop v. AdamsMassachusetts Supreme Judicial Court · 1882
- Fitzpatrick v. Daily States Publishing Co.Supreme Court of Louisiana · 1896
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