Cooper v. . Rochester Ice Cream Co.
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered September 28, 1912, affirming a judgment in favor of plaintiff entered upon a verdict. The nature of the action and the facts, so far as material, are stated in the opinion. The language complained of is not libelous per se.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered September 28, 1912, affirming a judgment in favor of plaintiff entered upon a verdict. The nature of the action and the facts, so far as material, are stated in the opinion. The language complained of is not libelous per se. (Odgers on Libel & Slander, 93; Hemmens v. Nelson, 138 N. Y. 517; Morrison v. Smith, 177 N. Y. 369; Hayes v. Ball, 78 N. Y. 418; Reporters’ Assn. v. Sun P. & P. Co., 186 N. Y. 437.) The letter in question was privileged. (Klinck v. Colby, 46 N. Y. 427; Hamilton…
1Opinion of the CourtCardozo, J.
The action is for libel. The plaintiff is a manufacturer of ice cream. The defendant is one of his competitors. Among the plaintiff’s customers was a dealer by the name of .Garvey. The defendant was anxious to win Garvey’s custom for itself. In that hope it sent a salesman to solicit the coveted trade. On the salesman’s return, he reported to the defendant a conversation between himself and Garvey’s wife. She told him, so, at least, he reported, that the plaintiff’s cream was satisfactory; that in all their dealings there had been but one occasion when there was anything wrong about it; and…
2Cases cited4 opinions
- Hayes v. . BallNew York Court of Appeals · 1878
- Demos v. New York Evening Journal Publishing Co.New York Court of Appeals · 1913
- Garby v. . BennettNew York Court of Appeals · 1901
- Garby v. BennettAppellate Division of the Supreme Court of the State of New York · 1899
3Cited by3 opinions
- Sweeney v. United Feature Syndicate, Inc.Court of Appeals for the Second Circuit · 1942
- Harrison v. WinchellNew York Supreme Court · 1955
- Mueller v. Rayon Consultants, Inc.District Court, S.D. New York · 1959