O'Brien v. Bennett
Appellate Division of the Supreme Court of the State of New York
Appeal from trial term. Action for libel by Smith O’Brien against James Gordon Bennett. From a judgment for plaintiff and from an order denying a new trial defendant appeals. The alleged libel is as follows: “Arrested with Her Acquaintance. Mrs. Cook and Her Companion Taken into Custody When She Kept His Change. Fake §100 Bill for Drink. They Had Met on the Train and Become Separated from Her Woman ■Relative and Children. Husband’s Faith in Her.
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Appeal from trial term. Action for libel by Smith O’Brien against James Gordon Bennett. From a judgment for plaintiff and from an order denying a new trial defendant appeals. The alleged libel is as follows: “Arrested with Her Acquaintance. Mrs. Cook and Her Companion Taken into Custody When She Kept His Change. Fake §100 Bill for Drink. They Had Met on the Train and Become Separated from Her Woman ■Relative and Children. Husband’s Faith in Her. “At Coney Island yesterday afternoon a man who said he was Smith O’Brien, of Albany, N. Y., was arrested. With him, at the time of his arrest, was a…
1Opinion of the CourtFursman, J.
A libel has been defined to be “a censorious or ridiculing writing, picture, or sign, made with a mischievous and malicious intent towards government, magistrates, or individuals.” People v. Croswell, 3 Johns. Cas. 353. “A libel is a malicious publication tending either to blacken the memory of one dead, or the reputation of one who is alive, and expose him to public hatred, ridicule, and contempt.” Com. v. Clap, 4 Mass. 168; Ryckman v. Delavan, 25 Wend. 198. In the present case the obvious and necessary effect of the publication was to expose the plaintiff to public ridicule and contempt,…
2Cases cited8 opinions
- Klinck v. . ColbyNew York Court of Appeals · 1871
- Fry v. BennettThe Superior Court of New York City · 1851
- Steele v. SouthwickNew York Supreme Court · 1812
- Stokes v. Morning Journal Ass'nAppellate Division of the Supreme Court of the State of New York · 1901
- Ryckman v. DelavanNew York Supreme Court · 1840
3 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Frederick H. Hope v. Hearst Consolidated Publications, Inc., the Hearst Corporation and Igor CassiniCourt of Appeals for the Second Circuit · 1961
- Frederick H. Hope v. Hearst Consolidated Publications, Inc., the Hearst Corporation and Igor CassiniCourt of Appeals for the Second Circuit · 1961