Ryckman v. Delavan
New York Supreme Court
Error from the supreme court. Ryckman sued Delavan for a libel, and set forth in his declaration a publication of the defendant, in which it was stated, that certain malting establishments on the hill in Albany, (owned by particular individuals but not naming the plaintiff as one of those individuals) were supplied with water for malting from stagnant pools, gutters and ditches, often in such a (putrid) state *as to be green on the [ *187 J surface ; and that there were…
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Error from the supreme court. Ryckman sued Delavan for a libel, and set forth in his declaration a publication of the defendant, in which it was stated, that certain malting establishments on the hill in Albany, (owned by particular individuals but not naming the plaintiff as one of those individuals) were supplied with water for malting from stagnant pools, gutters and ditches, often in such a (putrid) state *as to be green on the [ *187 J surface ; and that there were several malt houses on the hill, all of which relied on water taken occasionally from such places as before described. The…
1Opinion of the Court
After advisement, the following opinions were delivered:
By the Chancellor.
The only question for our consideration in this case, is whether the articles set forth in the declaration are personal libels upon the plaintiff. The article set forth in the two last counts of the declaration, is only a reiteration of the allegations of the first publication, and therefore cannot be a personal libel on the plaintiff, if the first was not.
It is perfectly clear from reading the first article, that the prin- [ *191 ] cipal charges therein, if not every thing that *could render that article libellous, have no…
2Cases cited2 opinions
- Gidney v. BlakeNew York Supreme Court · 1814
- Sumner v. BuelNew York Supreme Court · 1815
3Cited by5 opinions
- Harris v. ZanoneCalifornia Supreme Court · 1892
- Deel v. BerryTexas Supreme Court · 1858
- O'Brien v. BennettAppellate Division of the Supreme Court of the State of New York · 1902
- O'Brien v. BennettAppellate Division of the Supreme Court of the State of New York · 1902
- Giraud v. BeachNew York Court of Common Pleas · 1854