New York Court of Appeals

Seymour N. Marsh, Appellant v. Edward Ellsworth, Respondents

November 26, 187250 N.Y. 309

Summary

The Court held that counsel's statements in an objection to a bankruptcy discharge, alleging false testimony, were privileged because they were material and pertinent to the issue of the bankrupt's partnership interest. Accordingly, the libel action failed and the lower court's judgment for the defendants was affirmed.