Brooks v. . Harison
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court, in the third judicial department, May 4, 1882, which affirmed a judgment in favor of plaintiff, entered upon a verdict, and affirmed an order denying a motion for a new trial. This was an action for libel and slander; it was brought originally against Richard F. Harison, who died after the argument of his appeal at General Term, and before the decision, and the present defendants were substituted.
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Appeal from order of the General Term of the Supreme Court, in the third judicial department, May 4, 1882, which affirmed a judgment in favor of plaintiff, entered upon a verdict, and affirmed an order denying a motion for a new trial. This was an action for libel and slander; it was brought originally against Richard F. Harison, who died after the argument of his appeal at General Term, and before the decision, and the present defendants were substituted. As to the libel, the complaint charged defendant falsely and maliciously wrote and mailed a letter “to A. Aldrich & Company and others at…
1Opinion of the CourtFinch, J.
The recovery in this action was for libel and slander. That the letter to Aldrich & Co. was libelous on its face is not now disputed. Whether it was true or not was a question of fact upon which the jury have passed, and upon evidence sufficient at least to put their conclusion beyond our review. The only other defense asserted is that of privileged communication. The question, however, was not effectively raised. At the beginning of the trial, before any evidence had been given, and in the entire-absence of the facts and circumstances attending and characterizing the letter, the defendant…
2Cases cited1 opinion
- Taylor v. . ChurchNew York Court of Appeals · 1853
3Cited by8 opinions
- Garrison v. Sun Printing & Publishing Ass'nNew York Court of Appeals · 1912
- Ott v. MurphySupreme Court of Iowa · 1913
- Washington Times Co. v. DowneyCourt of Appeals for the D.C. Circuit · 1905
- Randall Dairy Co. v. Pevely Dairy Co.Appellate Court of Illinois · 1934
- Selig v. AlexanderAppellate Division of the Supreme Court of the State of New York · 1918
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