Root v. King & Verplanck
New York Supreme Court
Case for an alleged libel published by the defendants, °f an(^ concerning the plaintiff, on the 25th of August, *1824, in a newspaper called the “ New-York American,” of which the defendants were the editors.
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Case for an alleged libel published by the defendants, °f an(^ concerning the plaintiff, on the 25th of August, *1824, in a newspaper called the “ New-York American,” of which the defendants were the editors. The declaration contained two' counts on the libel in question, which was as follows: “ Lieutenant Governor Boot—It has been denied, we understand, by the Argus,” &c., “ in answer to some strictures on the subject in an Albany paper, that on the afternoon of his famous decision of order, -Mr. Root was intoxicated ; and the charge is treated as calumnious,” &c. “ The facts are shortly…
1Opinion of the Court
Curia, per Savage, Ch. J.
The defendants move for a new trial on several grounds, which they have stated in nineteen points ; but which are all embraced in the following : That the verdict is against evidence; that the damages are excessive ; that the judge admitted improper, and rejected proper testimony, (especially that he refused, in mitigation of damages, evidence of the plaintiff’s intemperance, unless of the degree described in the libel;) and that he misdirected the jury upon the law of libel.
The declaration contains two counts, both setting forth *618the same libel. The plea is the…
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