More v. . Bennett
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the first judicial district, reversing an order of Special Term which set aside a nonsuit and granted a new trial, and dismissed the complaint with costs. The action was for an alleged libel published in the ¡New York Herald, contained in a letter addressed to the editor of that paper by Mrs. Kimball, widow of Lieut.-Col. Kimball, deceased.
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Appeal from judgment of the General Term of the Supreme Court in the first judicial district, reversing an order of Special Term which set aside a nonsuit and granted a new trial, and dismissed the complaint with costs. The action was for an alleged libel published in the ¡New York Herald, contained in a letter addressed to the editor of that paper by Mrs. Kimball, widow of Lieut.-Col. Kimball, deceased. The writer, after referring to certain matters relating to her deceased husband, says: “Among the papers referred to as returned to me are my own private letters, scattered indiscriminately…
1Opinion of the Court
Hunt, C.
The plaintiff has received a scant measure of justice in the disposition of this case. The defendant was allowed to amend his answer by striking out those parts which admitted the publication of the libel, and substantially admitted it to be a libel. The plaintiff was refused permission to amend his complaint by adding a statement, the presence of which was held necessary to enable him to prove that the publication was libelous. For want of such a statement the plaintiff was thereupon nonsuited, and an allowance of $500 was granted to his adversary upon a trial which, to judge from…
2Cases cited2 opinions
- Cooper v. GreeleyCourt for the Trial of Impeachments and Correction of Errors · 1845
- Stone v. CooperNew York Supreme Court · 1845
3Cited by51 opinions
- James v. Gannett Co.New York Court of Appeals · 1976
- November v. Time Inc.New York Court of Appeals · 1963
- Julian v. American Business Consultants, Inc.New York Court of Appeals · 1956
- Bradley v. CramerWisconsin Supreme Court · 1884
- Gabe v. McGinnisIndiana Supreme Court · 1879
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