Coleman v. Southwick
New York Supreme Court
THIS was an action for a libel. The declaration stated that the plaintiff was a good and faithful citizen of the United States, and of good fame, &c. and pursued the occupation and employment of editor of a certain newspaper printed and published in the city of New-York, called the “ New-York Evening Post,” by which he acquired great gains and emoluments, &c.
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THIS was an action for a libel. The declaration stated that the plaintiff was a good and faithful citizen of the United States, and of good fame, &c. and pursued the occupation and employment of editor of a certain newspaper printed and published in the city of New-York, called the “ New-York Evening Post,” by which he acquired great gains and emoluments, &c. Nevertheless, the defendant well knowing the premises, but contriving and maliciously intending to injure and aggrieve the plaintiff in his good name, See. , , . , . J .. , , . , . , . i • • . and also m his occupation and employment,…
1Opinion of the Court
Kent, Ch. J.
The defendant moved for a new trial upon the following grounds:
1. That the plaintiff ought to have been nonsuited at the trial.
2. That the testimony of Samuel North, as to what he heard Stanley say, ought to have been received.
3. That the jury ought to fhave been directed to find for the defendant, or at most but nominal damages for the plaintiff, because the publication was made under a mistake of the fact.
The declaration states, by way of inducement to the libel, that the defendant maliciously intending to bring the plaintiff into public scandal, and to cause it to be believed…
2Cited by75 opinions
- Coffin v. CoffinMassachusetts Supreme Judicial Court · 1808
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- Ohio & Mississippi R. W. Co. v. CollarnIndiana Supreme Court · 1881
- Vinal v. CoreWest Virginia Supreme Court · 1881
- New Orleans, Jackson, & Great Northern Railroad v. HurstMississippi Supreme Court · 1859
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