Sunderlin v. . Bradstreet
New York Court of Appeals
Appeal from judgment of the late General Term of the seventh judicial district, entered upon order denying motion for new trial, and directing judgment on verdict in favor of plaintiffs. The plaintiffs were merchants, doing business in the city of Rochester. The defendants were the proprietors of a mercantile agency.
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Appeal from judgment of the late General Term of the seventh judicial district, entered upon order denying motion for new trial, and directing judgment on verdict in favor of plaintiffs. The plaintiffs were merchants, doing business in the city of Rochester. The defendants were the proprietors of a mercantile agency. They published a semi-annual volume, containing the names of persons and firms doing business in various parts of the United States and Ganadas, and information in reference to their financial credit. They also published what they called a weekly sheet of corrections, which was…
1Opinion of the CourtAllen, J.
The only question presented by the appeal, has respect to the character and occasion of the publication of the alleged libel, and is, whether the circumstances and occasion of the publication were such as to absolve the defendants from liability, in the absence of proof of express malice; that is, whether it is within the protection of privileged communications.
We might properly decide this question upon the authority of Taylor v. Church, (4 Seld., 452), in which this precise question was determined by a unanimous court, seven judges taking part in the decision, the other judge refraining…
2Cases cited3 opinions
- Lewis and Herrick v. . ChapmanNew York Court of Appeals · 1857
- Van Wyck v. . AspinwallNew York Court of Appeals · 1858
- Ormsby v. . DouglassNew York Court of Appeals · 1868
3Cited by31 opinions
- Hamilton v. . EnoNew York Court of Appeals · 1880
- Bingham v. . GaynorNew York Court of Appeals · 1911
- Shore v. Retailers Commercial Agency, Inc.Massachusetts Supreme Judicial Court · 1961
- Winrod v. Time, Inc.Appellate Court of Illinois · 1948
- King v. PattersonSupreme Court of New Jersey · 1887
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