White v. Delavan
New York Supreme Court
Libel. The plaintiff in his declaration set forth a publication which appeared in a newspaper, alleging it to be libellous, and charging the defendant with having caused it to be published. The alleged libel [50] is in these words: “To the public. The following statement has been made by a respectable and responsible person, in the presence of Chief Justice Savage and E. C. Delavan.
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Libel. The plaintiff in his declaration set forth a publication which appeared in a newspaper, alleging it to be libellous, and charging the defendant with having caused it to be published. The alleged libel [50] is in these words: “To the public. The following statement has been made by a respectable and responsible person, in the presence of Chief Justice Savage and E. C. Delavan. The former took down the testimony, The individual making the disclosure felt a delicacy in giving his name to the public, but should his statements be denied, he stands ready not only to give his name but make…
1Opinion of the Court
By the Court,
Cowen, J.
The publication contains an account of the most filthy and disgusting practices, in the preparation of a-driuk which is known to be very common; and applied to the plaintiff either personally or in the exercise of his trade, it would be clearly libelous without the allegation of special damage. The demurrer admits that here is a false imputation of such practices for the malicious purpose of degradation and ridicule; and the only terious question raised is, whether the plaintiff, by showing himself to be one of the class embraced in the publication, is entitled to an…
2Cited by4 opinions
- Payrolls & Tabulating, Inc. v. Sperry Rand Corp.Appellate Division of the Supreme Court of the State of New York · 1965
- Fidler v. DelavanNew York Supreme Court · 1838
- Dole v. Van RensselaerNew York Supreme Court · 1800
- White v. DelavanNew York Supreme Court · 1839