Marsh v. . Ellsworth
New York Court of Appeals
Appeal from judgment of the General Term of the Superior Court of the city of Hew York, entered upon an order overruling plaintiff’s exceptions and directing judgment upon a verdict for defendants. This was an action of libel. The alleged libel and the facts connected with its publication sufficiently appear in the opinion. The court upon trial directed a verdict for defendants, to which plaintiff duly excepted, and verdict was rendered accordingly.
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Appeal from judgment of the General Term of the Superior Court of the city of Hew York, entered upon an order overruling plaintiff’s exceptions and directing judgment upon a verdict for defendants. This was an action of libel. The alleged libel and the facts connected with its publication sufficiently appear in the opinion. The court upon trial directed a verdict for defendants, to which plaintiff duly excepted, and verdict was rendered accordingly. Privileged communications of parties and attorneys are limited to matters which are pertinent and material. (Gilbert v. People, 1 Den., 41; Ring…
1Opinion of the CourtGrover, J.
The alleged libel was matter included in the objections filed by the defendant, Coursen, as counsel for the defendant, Ellsworth, to the discharge from his debts of George Caldwell with the register in bankruptcy, to whom the matter had been referred by the court upon the petition of Caldwell for his discharge. Upon the hearing of the reference, Ellsworth, an opposing creditor of Caldwell, sought to prevent the discharge of Caldwell by showing that he was a partner in the firm of Marsh & Co., and, as such, entitled to an interest in the property of the firm, which he had fraudulently omitted…
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
- White v. . CarrollNew York Court of Appeals · 1870
3Cited by73 opinions
- Briscoe v. LaHueSupreme Court of the United States · 1983
- Burns v. ReedSupreme Court of the United States · 1991
- Briscoe v. LahueCourt of Appeals for the Seventh Circuit · 1981
- Youmans v. . SmithNew York Court of Appeals · 1897
- Wiener v. WeintraubNew York Court of Appeals · 1968
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