Beardsley v. Maynard
New York Supreme Court
This was an action for a libel, tried at the Onedia circuit in October, 1828, before the Hon. Nathan Williams, one of the circuit judges.
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This was an action for a libel, tried at the Onedia circuit in October, 1828, before the Hon. Nathan Williams, one of the circuit judges. The declaration, after stating by way of inducement, that at the time of the publication of the alleged libel, the plaintiff was attorney of the United States for the northern district of New-York, and bound to render accounts with respect to the monied transactions of his office to the department of the treasury of the U. S.; that during the time that he had held such office, William H. Crawford had been secretary of the treasury of the U. S. and at the…
1Opinion of the Court
By the Court,
Marcy, J.
The motion for a new trial in this case is placed on two grounds: First, The exclusion of the evidence offered by the defendant to shew that the plaintiff was the author of three articles reflecting on the defendant, published, two of them in March and the other in June, the last a few days previous to the publication of the libel; Second, The exclusion of the testimony of a witness called on to state how he understood the libel.
It is contended that the previous publications should have been received because they were a provocation to the act complained of by the…
2Cited by16 opinions
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- Gould v. WeedNew York Supreme Court · 1834
- Israel v. IsraelMissouri Court of Appeals · 1904
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