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Brandreth v. Lance

8 Paige Ch. 24 (1839)

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Brandreth v. Lance

New York Chancery Court

8 Paige Ch. 24 (1839)

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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