Fry v. Bennett
The Superior Court of New York City
I. Februa/ry.—Motion for a new trial. This was an action brought by Edward P. Fry, manager of an Italian Opera Company, against James Gordon Bennett, editor and proprietor of the New York Herald, for the publication of twelve successive libels upon the plaintiff in his private character, and as manager of the opera. A demurrer to the answer of defendant was interposed, upon which the plaintiff had judgment (5 Sand. 54), the usual leave to amend being given.
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I. Februa/ry.—Motion for a new trial. This was an action brought by Edward P. Fry, manager of an Italian Opera Company, against James Gordon Bennett, editor and proprietor of the New York Herald, for the publication of twelve successive libels upon the plaintiff in his private character, and as manager of the opera. A demurrer to the answer of defendant was interposed, upon which the plaintiff had judgment (5 Sand. 54), the usual leave to amend being given. An amended answer having been put in, the cause came on to be tried before Ch. J. Oakley and a jury, on Dec. 5, 1853, the trial…
1Opinion of the Court
By the Court.
Boswobth, J.
The points most strenuously insisted upon in support of the motion for a new trial, are :—
First. That neither the matter stated in the eighth, nor that stated in the eleventh cause of action, and alleged to have been published by the defendant, is libelous. And that damages having been assessed generally on all the causes of action set forth in the complaint, the judgment must be reversed.
Second. That the deposition of Strakosch was improperly admitted in evidence.
Third. That it was erroneous to allow the plaintiff to give evidence of the income realized by the…
2Cases cited6 opinions
- King v. RootCourt for the Trial of Impeachments and Correction of Errors · 1829
- Clark v. DibbleNew York Supreme Court · 1837
- Guyon v. LewisNew York Supreme Court · 1831
- Jackson ex dem. Montresor v. RiceNew York Supreme Court · 1829
- People v. HaddenNew York Supreme Court · 1846
1 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Wilson v. Onondaga Radio Broadcasting Corp.New York Supreme Court · 1940