Cooper v. Stone
New York Supreme Court
Demurrer to declaration for libel. The declaration states that the plaintiff is the author of numerous books, and among the rest of a certain book called “ Home as Found,” and of a certain other book called “ The History of the Navy of the United States of America,” both of which, before the committing of the grievances by the defendant hereinafter mentioned, were printed and published ; and which last mentioned book contains among other things a true, honest and impartial…
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Demurrer to declaration for libel. The declaration states that the plaintiff is the author of numerous books, and among the rest of a certain book called “ Home as Found,” and of a certain other book called “ The History of the Navy of the United States of America,” both of which, before the committing of the grievances by the defendant hereinafter mentioned, were printed and published ; and which last mentioned book contains among other things a true, honest and impartial narrative of the principal occurrences of the engagement between the British and American squadrons on Lake Erie during…
1Opinion of the Court
By the Court,
Cowen, J.
The matter as set forth in either count is denied by the defendant to be libellous. It is alleged to be 'false [ *439 ] and malicious, and to have been published *b'y him with intent to injure the plaintiff and bring him into general contempt, disgrace and ignominy. These allegations are admitted by the demurrer; and the question is whether the matter necessarily had the tendency imputed to it by the pleader. The declaration recites that the plaintiff was the author, among other and previous books, of the history of the navy of the United States, the latter containing a true…
2Cited by17 opinions
- Triggs v. Sun Printing & Publishing Ass'nNew York Court of Appeals · 1904
- Klinck v. . ColbyNew York Court of Appeals · 1871
- Riley v. LeeCourt of Appeals of Kentucky · 1889
- Cherry v. Des Moines LeaderSupreme Court of Iowa · 1901
- Colvard v. BlackSupreme Court of Georgia · 1900
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