Spencer v. Southwick
New York Supreme Court
THIS was an action for a libel, published by the defendant in Albany Register. The libellous publication, which was set forth in the declaration, with the requisite innuendoes, was as following“ His (meaning the editor of a certain newspaper called the Albany Republican) assurance that a considerable portion of his prper shall be devoted to the support of religion, &c. excites in mind strong suspicions.
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THIS was an action for a libel, published by the defendant in Albany Register. The libellous publication, which was set forth in the declaration, with the requisite innuendoes, was as following“ His (meaning the editor of a certain newspaper called the Albany Republican) assurance that a considerable portion of his prper shall be devoted to the support of religion, &c. excites in mind strong suspicions. I beg it may be remembered that hypocritical cants of this description, Judge Spencer and his associates, effected the incorporation of the Manhattan bank, in which the judge’s share of the…
1Opinion of the Court
Kent, Ch. J. (absente Spencer, J.) delivered the opinion of the court.
The gist of the libel consists in charging the plaintiff with hypocrisy, and a want of fidelity in his trust, as a senator, in effecting the incorporation of the Manhattan company, in which he was largely and profitably interested. The plea in justification of the charge states, that the plaintiff was a senator at the time of the passage of the bill, and that he advocated and supported it, and was, at the time, largely interested in its stock, and on which he made a great profit; that he knew that the bill contained a…
2Cited by10 opinions
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- Kent v. MilesSupreme Court of Vermont · 1893
- Mead v. West Pub. Co.U.S. Circuit Court for the District of Minnesota · 1896
- People v. WarnerNew York Supreme Court · 1848
- State ex rel. Harsh v. ScottIndiana Supreme Court · 1842
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