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Witcher v. Jones

Court of Appeals of the State of New York
Feb 28, 1893
33 N.E. 743 (N.Y. 1893)
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Summary

In Witcher v. Jones (43 N.Y. St. Repr. 151; S.C., 17 N Y Supp. 491) it was held, viz.: "In an action for libel, where exemplary damages are demanded, it is competent to prove, in mitigation, previous publications of the libelous matter by others, known to defendant at the time of his publications, and relied upon by him as authority.

Summary of this case from Palmer v. Matthews
See 2 Summaries

Opinion

Argued February 10, 1893

Decided February 28, 1893

B.F. Einstein for appellant.

Samuel B. Paul for respondent.

Agree to affirm on opinion below.

All concur.

Judgment affirmed.

Summaries of

Witcher v. Jones

Court of Appeals of the State of New York
Feb 28, 1893
33 N.E. 743 (N.Y. 1893)

In Witcher v. Jones (43 N.Y. St. Repr. 151; S.C., 17 N Y Supp. 491) it was held, viz.: "In an action for libel, where exemplary damages are demanded, it is competent to prove, in mitigation, previous publications of the libelous matter by others, known to defendant at the time of his publications, and relied upon by him as authority.

Summary of this case from Palmer v. Matthews

In Witcher v. Jones, 17 N.Y. Supp. 491, decided after Morey v. Morning Journal Association, above, it was said that in defeat of exemplary damages, it might be shown that the libel was uttered in good faith upon the authority of others; which doctrine is supported by Cameron v. Tribune Association, 7 N.Y.S. 739. The motive and intent of the writer and publisher are admissible in mitigation, not of the compensatory, but the vindictive damages, and are to be ascertained by the jury upon all the evidence.

Summary of this case from Robinson v. Evening Post Publishing Co.
Case details for

Witcher v. Jones

Case Details

Full title:VINCENT A. WITCHER, Respondent, v . GILBERT E. JONES, as Treasurer, etc.…

Court:Court of Appeals of the State of New York

Date published: Feb 28, 1893

Citations

33 N.E. 743 (N.Y. 1893)
33 N.E. 743
51 N.Y. St. Rptr. 929

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