Westbrook v. New York Sun Ass'n
New York Supreme Court
Tbial of the issue of law raised by a demurrer to the complaint as not stating facts sufficient to constitute a cause of action.
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Tbial of the issue of law raised by a demurrer to the complaint as not stating facts sufficient to constitute a cause of action. The action is for damages for an alleged libel, which is as follows: “ Lewis E. Goldsmith assistant Cashier of the Port Jervis Rational Bank, who is accused of having stole $54,000.00, of the Bank funds, surrendered to "United States Marshal Henkel at noon to-day having eluded a number of deputy Marshals who have been on his track for over two weeks under direction of United States Marshal Henkel. “ United States Bank Examiner Bryan of Brooklyn made an examination…
1Opinion of the Court
Gayxor, J.:
Assuming that the plaintiff was chief of police at the time (which is not alleged, however), there is nothing in the publication implying that he neglected or violated his official duty in not arresting Goldsmith without a warrant. To say nothing of duty, he did not even have the right to arrest Goldsmith without a warrant for a crime of the grade of felony unless he saw him commit the felony, or, if he did not see it, unless a felony had as matter of fact been committed, and he had reasonable cause for believing that Goldsmith had committed it (Code Crim. Pro. § 177). There is…
2Cases cited2 opinions
- Smid v. BernardNew York Supreme Court · 1900
- Morse v. Press Publishing Co.Appellate Division of the Supreme Court of the State of New York · 1900
3Cited by4 opinions
- Beecher v. Press Publishing Co.Appellate Division of the Supreme Court of the State of New York · 1901
- Wuest v. Brooklyn CitizenNew York Supreme Court · 1902
- Patterson v. EvansMissouri Court of Appeals · 1911
- Beecher v. Press Publishing Co.Appellate Division of the Supreme Court of the State of New York · 1901