Fidler v. Delavan
New York Supreme Court
Demurrer to plea. This is an action for a libel. The publication alleged to be libellous is the same upon which the suit of White v. Delavan was brought, reported in 17 Wendell, 49, et sequitur, where will be seen the publication.
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Demurrer to plea. This is an action for a libel. The publication alleged to be libellous is the same upon which the suit of White v. Delavan was brought, reported in 17 Wendell, 49, et sequitur, where will be seen the publication. The same matters alleged by way of inducement in that case were alleged here, with the additional allegation that the plaintiff, as one of the firm of Fidler Sr Taylor, in the publication mentioned, carried on the business of a maltster, and that the publication was of and concerning him in his trade and business, and that to injure and destroy his trade and…
1Opinion of the Court
By the Court, Nelson, Ch. J.*
The pleadings admit that the plaintiff is one of the firm of Fidler & Taylor, and, therefore, that he is particularly designated in the alleged libel; the objection that he was one of a class referred to, which was successfully taken in the case of White v. Delavan, 17 Wendell, 49, does not apply. By pleading over, the defendant concedes thp publication to have been of and' concerning the plaintiff, &c. and puts himself upon the justification, Cro. Car. 288, 385; Lutw. 627; Cro. Jac. 668, 683; Cro. Eliz. 825, so far as defect of form may exist.
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2Cases cited2 opinions
- Church v. GilmanNew York Supreme Court · 1836
- White v. DelavanNew York Supreme Court · 1837
3Cited by19 opinions
- Morse v. Times-Republican Printing Co.Supreme Court of Iowa · 1904
- Cooper v. GreeleyCourt for the Trial of Impeachments and Correction of Errors · 1845
- Johnson v. StebbinsIndiana Supreme Court · 1854
- Atkinson v. Detroit Free Press Co.Michigan Supreme Court · 1881
- George Knapp & Co. v. CampbellCourt of Appeals of Texas · 1896
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