John W. Lovell Co. v. Houghton
New York Court of Appeals
Appeal from judgment of the General Term of the Superior Oourt of the city of Hew York, entered upon an order made at the December Term, 1886, which affirmed a judgment in favor of defendants, entered upon a verdict directed by the court. This action was brought to recover damages for certain written and oral statements, made by the defendants concern-plaintiff’s editions of two of the poet Longfellow’s prose works, “ Hyperion ” and “ Outre-Mer.”
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Appeal from judgment of the General Term of the Superior Oourt of the city of Hew York, entered upon an order made at the December Term, 1886, which affirmed a judgment in favor of defendants, entered upon a verdict directed by the court. This action was brought to recover damages for certain written and oral statements, made by the defendants concern-plaintiff’s editions of two of the poet Longfellow’s prose works, “ Hyperion ” and “ Outre-Mer.” The plaintiff claimed the statements to have been false, that they were maliciously made, and resulted in great damage to its business. These books…
1Opinion of the CourtParker, J.
The learned trial judge held that the publication complained of was a privileged communication; that the evidence adduced did not justify a finding by the jury that the publication was malicious, and directed a verdict in favor of the defendant.
Whether the publication was a privileged communication had an important bearing upon the question of the sufficiency of plaintiff’s proof to justify a submission to the jury. The publication was prima facie a libel. In such a case proof of malice is not required beyond evidence of the publication itself, because the law presumes malice.
When, however,…
2Cases cited4 opinions
- Hamilton v. . EnoNew York Court of Appeals · 1880
- Klinck v. . ColbyNew York Court of Appeals · 1871
- Wilds v. . the Hudson River Railroad CompanyNew York Court of Appeals · 1862
- Hovey v. . Rubber Tip Pencil Co.New York Court of Appeals · 1874
3Cited by38 opinions
- Mihlovan v. GrozavuNew York Court of Appeals · 1988
- Park Knoll Associates v. SchmidtNew York Court of Appeals · 1983
- Quentin Reynolds v. Westbrook Pegler, the Hearst Corporation and Hearst Consolidated Publications, Inc.Court of Appeals for the Second Circuit · 1955
- Ashcroft v. . HammondNew York Court of Appeals · 1910
- Virtue v. Creamery Package Manufacturing Co.Supreme Court of Minnesota · 1913
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