Marsh v. Elsworth
The Superior Court of New York City
This is an action for libel. The complaint alleges in substance, that in a certain proceeding in bankruptcy, on the petition of George Cauldwell, a bankrupt, to be discharged from his debts, the defendant, Elsworth, appeared and opposed the bankrupt’s discharge.
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This is an action for libel. The complaint alleges in substance, that in a certain proceeding in bankruptcy, on the petition of George Cauldwell, a bankrupt, to be discharged from his debts, the defendant, Elsworth, appeared and opposed the bankrupt’s discharge. That the matter was referred to Henry Wilder Allen, a register in bankruptcy; and an order was made for the examination of the bankrupt; that on said examination of the bankrupt, defendant Elsworth, and defendant Coursen, acting as his attorney, called plaintiff as a witness, and he was sworn and examined as a witness in such…
1Opinion of the Court
By the court, Fithian, J.
That the words charged in the complaint are libelous and actionable at common law is not controverted ; and the defendants must be held to answer in damages for their publication, unless they can show that under the circumstances of the publishing, it was a privileged communication.” This defendants claim to be the fact, on the grounds (as they assert), that the matter claimed as defamatory, was written and published by them in a legal *534proceeding before a court of competent jurisdiction, in the discharge of their duty, and the protection of their rights, as party and…
2Cases cited3 opinions
- Hastings v. LuskCourt for the Trial of Impeachments and Correction of Errors · 1839
- Gilbert v. PeopleCourt for the Trial of Impeachments and Correction of Errors · 1845
- M'Millan v. BirchSupreme Court of Pennsylvania · 1806
3Cited by2 opinions
- Brown v. MackNew York Supreme Court · 1945
- Gauvreau v. Superior Publishing Co.Wisconsin Supreme Court · 1885