Stilwell v. Barter
New York Supreme Court
Demurrer to plea. Action for a libel on the plaintiff, who, at and before the time of publication, was deputy collector of the port of Ogdensburgh, and inspector of the customs for the district of Oswegatchie.
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Demurrer to plea. Action for a libel on the plaintiff, who, at and before the time of publication, was deputy collector of the port of Ogdensburgh, and inspector of the customs for the district of Oswegatchie. After the usual introduction, the first count set forth with proper innuendoes, part of an article published in the St. Lawrence Republican (which was referred to in the defendants’s publication) as follows: “ The principal object if not the only one with those who are agitating this question through the medium of the Times is, to render the revenue laws of our country and those who…
1Opinion of the Court
*489 By the Court,
Bronson, J.
The plea contains a good deal of irrelevant matter, which might better have been omitted; but mere surplusage will not vitiate the pleading. It cannot be denied that the publication in the Times imputes to the plaintiff so much, at least, of the misconduct mentioned in the previous article in the Republican as relates to the smuggling of goods during the late war. After mentioning that article, the defendant says, “ the paragraph refers undoubtedly” to the plaintiff; and it is immediately added, “He will not deny that he has been actively and profitably engaged in a…
2Cases cited2 opinions
- In re ThompsonNew York Supreme Court · 1828
- Skinner v. PowersNew York Supreme Court · 1828
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