Hotchkiss v. Lothrop
New York Supreme Court
THIS was an action for a libel. The cause was tried at the Oneida circuit, on the 14th June, 1805, before Mr.Chief Justice Kent. The publication of the libel by the defendant, as editor of the Gazette in which it appeared, was proved.
Read the full summary
THIS was an action for a libel. The cause was tried at the Oneida circuit, on the 14th June, 1805, before Mr.Chief Justice Kent. The publication of the libel by the defendant, as editor of the Gazette in which it appeared, was proved. The paper was addressed to the electors of the county of Oneida, in defence bf the character of Jesse Curtis, Esquire, one of the candidates, as a member of the assembly, against certain charges which had appeared in the Columbian, Gazette, printed at Utica, and in this defence the author animadverts on the plaintiff, as the supposed author of the other piece.…
1Opinion of the CourtSpencer, J.
The plaintiff offered proof, in aggravation of the damages, that the defendant had been indemnified for the publication he ■ had made. This proof was overruled ; and its relevancy does, not strike me. The circumstances of the defendant are not ■shewn to have been, bad or insolvent. Without expressing any opinion on a different state of facts, I think this evidence was properly rejected.
The defendant, under his notice, offered proof of the first .publication, to which that of the defendant was an answer.. The judge overruled it, as matter of justification, on some mistake in the notice ; but…
2Cited by6 opinions
- Lord v. . TiffanyNew York Court of Appeals · 1885
- Estes v. WorthingtonU.S. Circuit Court for the District of Southern New York · 1887
- Miles v. HarringtonSupreme Court of Kansas · 1871
- Kasson v. People ex rel. ReaseNew York Supreme Court · 1864
- Washington Herald Co. v. BerryCourt of Appeals for the D.C. Circuit · 1914
1 more not listed; retrieve them via the Exa API.