Vanderzee v. M'Gregor
New York Supreme Court
This was an action for a libel, tried at the Saratoga circuit in November, 1831, before the Hon. Esek Cowen, one of the circuit judges.
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This was an action for a libel, tried at the Saratoga circuit in November, 1831, before the Hon. Esek Cowen, one of the circuit judges. The writing charged to be a libel was a memorial signed by the defendant and 23 other persons, inhabitants of the town of Wilton, presented to the board of excise of that town, remonstrating against the granting of a licence to the plaintiff to keep a tavern in that town, for the year then ensuing, he having been licenced for a number of years previously to keep a tavern. It was stated in a memorial that the plaintiff was a professional pettifogger ;• that he…
1Opinion of the Court
By the Court,
SutheRlanb, J.
The memorial in this case was clearly & privileged communication, within the authority of Thorne v. Blanchard, 5 Johns. R. 508, where the doctrine is discussed at length by the counsel, and all the authorities are collected. The libel in that case was a petition to the council of appointment, praying the removal of the plaintiff from the office of district attorney, and assigning as the ground of such request, that the plaintiff grossly abused and perverted the powers of his office. It was signed by the defendant and many other citizens, and the plaintiff was in…
2Cases cited1 opinion
- Gray v. PentlandSupreme Court of Pennsylvania · 1819
3Cited by14 opinions
- Hemmens v. . NelsonNew York Court of Appeals · 1893
- Van Wyck v. . AspinwallNew York Court of Appeals · 1858
- Howard v. ThompsonNew York Supreme Court · 1839
- Landis v. CampbellSupreme Court of Missouri · 1883
- Perkins v. MitchellNew York Supreme Court · 1860
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