Brandreth v. Lance
New York Chancery Court
8 Paige Ch. 24 (1839)
- Written by Josh Lee, JD
Facts
Brandreth (plaintiff) sold medicine that he called Brandreth’s Vegetable Universal Pills. Brandreth advertised his pills widely and claimed that the pills were effective in curing a wide range of diseases. Lance (defendant) worked for Brandreth for a period of time but was fired for alleged misconduct. Lance was angry and vowed revenge. Later, Lance claimed to have written a book titled The Life, Exploits, Comical Adventures and Amorous Intrigues of Benjamin Brandling, M.D.V.P.L.V.S., a distinguished pill vender, written by himself; interspersed with racy descriptions of scenes of life in London and New-York. Brandreth was sent a title page, preface, and table of contents for the book. Brandreth believed the book to be about him and believed the book to be a false, malicious, and highly injurious libel. Brandreth sued Lance and potential book publishers, seeking an injunction to prevent the publishing of the book.
Rule of Law
Issue
Holding and Reasoning (Walworth, J.)
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