More v. Bennett
New York Supreme Court
HIS action was brought, in June, 1863, to recover damages for an alleged libel appearing in the New YorJc Herald. ■ It was tried at a circuit, and the complaint dismissed because it did not contain facts sufficient to constitute a cause "of action. Subsequently, application was made, at Special Term, for leave to amend the complaint, which was granted.
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HIS action was brought, in June, 1863, to recover damages for an alleged libel appearing in the New YorJc Herald. ■ It was tried at a circuit, and the complaint dismissed because it did not contain facts sufficient to constitute a cause "of action. Subsequently, application was made, at Special Term, for leave to amend the complaint, which was granted. The General Term reversed that order, and an appeal was taken to the Court of Appeals, and the complaint held sufficient, and a new trial ordered, in May, 1872. (See 48 N. Y. 472.) On the 8th day of June, 1872, the defendant in the action died;…
1Opinion of the CourtHardin, J.
At common law, an action for libel did not survive to the representatives of a deceased plaintiff, nor against the representatives of a deceased defendant. (1 Saund. 72, k. Haight v. Hayt, 19 N. Y. 467, opinion of Grover, J. 8 How. Pr. 32.)
It was held, in May, 1813, in Ireland v, Champney, (4 Taunt. 885,) that although an assessment of damages took place in the lifetime of a party plaintiff, in an action for libel, and the death of the plaintiff took place before entry of judgment, the action abated.
The general rule of the common law has, as to a certain character of wrongs, been modified or…
2Cases cited4 opinions
- Goodman v. SimondsSupreme Court of the United States · 1858
- Webbers' Executors v. UnderhillNew York Supreme Court · 1838
- Livingston v. RendallNew York Supreme Court · 1871
- Osborne v. BettsNew York Supreme Court · 1853
3Cited by2 opinions
- Shayne v. Evening Post Publishing Co.Appellate Division of the Supreme Court of the State of New York · 1900
- Shayne v. Evening Post Publishing Co.Appellate Division of the Supreme Court of the State of New York · 1900