Sanford v. . Bennett
New York Court of Appeals
Appeal from the Supreme Court. The action was for publishing alleged libelous matter, affecting the professional character of the plaintiff as a counsellor at law, in the defendant’s paper, The Hew York Herald, as part of the speech made by Warren Wood, just previous to his execution pursuant to a conviction for murder, in Greene county, on the 20th day of January, 1854. An account of the execution, with the speech of the convict, was first published in the Greene county…
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Appeal from the Supreme Court. The action was for publishing alleged libelous matter, affecting the professional character of the plaintiff as a counsellor at law, in the defendant’s paper, The Hew York Herald, as part of the speech made by Warren Wood, just previous to his execution pursuant to a conviction for murder, in Greene county, on the 20th day of January, 1854. An account of the execution, with the speech of the convict, was first published in the Greene county Whig, at Catskill, on the 21st January* This was copied into the defendant’s paper on the 25th January, preceded by a…
1Opinion of the Court 1
Dentó, J.
It being impossible to deny the libelous character of the publication, or to maintain that the defendant was exempt from responsibility on account of the article having been copied from another newspaper, though it was stated to have been so copied, the only question is whether it was what is termed a privileged publication. I am of opinion that the statute which is relied on has no application to the case j for the reason, in the first place, that the publication was made before the enactment of the law, and that its provisions, are not retrospective. The act was passed on the 1st…
Also in this document: Opinion of the Court · Mason.
2Cases cited3 opinions
- Dash v. Van KleeckNew York Supreme Court · 1811
- Ely and Others v. . HoltonNew York Court of Appeals · 1857
- Wood v. OakleyNew York Court of Chancery · 1845
3Cited by40 opinions
- Cowley v. PulsiferMassachusetts Supreme Judicial Court · 1884
- Campbell v. New York Evening Post, Inc.New York Court of Appeals · 1927
- People Ex Rel. Peake v. Board of SupervisorsNew York Court of Appeals · 1870
- A. H. Belo & Co. v. WrenTexas Supreme Court · 1884
- Quinlan v. . WelchNew York Court of Appeals · 1894
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