Legal Opinion

Weed v. Foster

New York Supreme Court

Decided June 2, 1851PublishedCited by 6 opinions

Demurrer to complaint. The action was for a libel. The complaint stated that the defendants, being the editors and publishers of a newspaper called the Day Book, published of and concerning the plaintiff a libel in the following words: “ Corruption in Albany. The following extract is from a letter written from New-York to the Syracuse Star.

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Demurrer to complaint. The action was for a libel. The complaint stated that the defendants, being the editors and publishers of a newspaper called the Day Book, published of and concerning the plaintiff a libel in the following words: “ Corruption in Albany. The following extract is from a letter written from New-York to the Syracuse Star. The game attempted to be played by Bull has been successfully played for many years in Albany, by persons much higher in office than himself. The sum of $5,000 was paid to an influential politician of that city in 1840, for the office of inspector of pork…

1Opinion of the CourtHarris, J.

The only question presented by this demurrer, is whether the publication set forth in the complaint is libelous per se. The charge is in substance, that the plaintiff, being an *204influential politician in the city of Albany, had in 1840 been paid $5000 in cash for procuring the appointment of an inspector of pork in the city of Hew-York, by Governor Seward, and that large sums had also been paid to the plaintiff, for other lucrative offices. Is such a charge calculated to injure the character of the plaintiff, or to degrade him in public estimation? If it is, then the court is required to say,…

2Cited by6 opinions

  1. Morgan v. HalberstadtCourt of Appeals for the Second Circuit · 1894
  2. Edsall v. BrooksThe Superior Court of New York City · 1864
  3. Burnham v. HornadayNew York Supreme Court · 1927
  4. Williams v. GodkinNew York Court of Common Pleas · 1875
  5. Robertson v. BennettThe Superior Court of New York City · 1878

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