Fry v. Bennett
The Superior Court of New York City
I. Februa/ry.—Motion for a new trial. This was an action brought by Edward P. Fry, manager of an Italian Opera Company, against James Gordon Bennett, editor and proprietor of the New York Herald, for the publication of twelve successive libels upon the plaintiff in his private character, and as manager of the opera. A demurrer to the answer of defendant was interposed, upon which the plaintiff had judgment (5 Sand. 54), the usual leave to amend being given.
Read the full summary
I. Februa/ry.—Motion for a new trial. This was an action brought by Edward P. Fry, manager of an Italian Opera Company, against James Gordon Bennett, editor and proprietor of the New York Herald, for the publication of twelve successive libels upon the plaintiff in his private character, and as manager of the opera. A demurrer to the answer of defendant was interposed, upon which the plaintiff had judgment (5 Sand. 54), the usual leave to amend being given. An amended answer having been put in, the cause came on to be tried before Ch. J. Oakley and a jury, on Dec. 5, 1853, the trial…
1ConcurrenceHoffman, J.
As I concur with my brethren in their conclusions upon every point of the cause, and consider the reasons assigned by Mr. Justice Boswobth as sufficient to sustain such conclusions, it might appear needless to add anything to the opinion delivered. But the leading question in this case— the right to give vindictive damages in a libel suit where actual *305malice is found by the jury—receives great importance from, the opinions of some judges of the Court of Appeals, which question that' right. The doubt thus thrown upon a rule which I have received from my professional teachers as unquestioned,…
2Cases cited8 opinions
- Burt v. PlaceNew York Supreme Court · 1830
- Dresser v. BrooksNew York Supreme Court · 1848
- Morgan v. AveryNew York Supreme Court · 1850
- Legg v. OverbaghCourt for the Trial of Impeachments and Correction of Errors · 1830
- Jacobsen v. SiddalOregon Supreme Court · 1885
3 more not listed; retrieve them via the Exa API.