New York Evening Post Co. v. Chaloner
Court of Appeals for the Second Circuit
In Error to the District Court of the United States for the Southern District of New York. Action by John Armstrong Chaloner against the New York Evening Post Company. Judgment for plaintiff, and defendant brings error. This cause comes here on writ of error to the United States District Court for the Southern District of New York. The plaintiff in error, defendant below, is hereinafter referred to as defendant.
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In Error to the District Court of the United States for the Southern District of New York. Action by John Armstrong Chaloner against the New York Evening Post Company. Judgment for plaintiff, and defendant brings error. This cause comes here on writ of error to the United States District Court for the Southern District of New York. The plaintiff in error, defendant below, is hereinafter referred to as defendant. The defendant in error, plaintiff below, is hereinafter referred to as plaintiff. The action is brought by plaintiff in his character as a citizen of the state of North Carolina…
1Opinion of the CourtRogers, Circuit Judge
(after stating the facts as above). This is in some respects a remarkable and perplexing case. The action was commenced in May, 1909, but it was not until May, 1919, that it was actually brought to trial before Judge Augustus Hand. The trial occupied six days, the defendant at the close of the plaintiff’s case declining to put in any evidence.
In June, 1909, defendant demurred to the complaint upon the ground that it did not state facts sufficient to constitute a cause of action, and upon the further ground that plaintiff did not have legal capacity to sue in that he had been adjudged an…
2Cases cited55 opinions
- Osborn v. Bank of United StatesSupreme Court of the United States · 1824
- Oscanyan v. Arms Co.Supreme Court of the United States · 1881
- Indianapolis & St. Louis Railroad v. HorstSupreme Court of the United States · 1876
- Pritchard v. NortonSupreme Court of the United States · 1882
- District of Columbia v. ArmesSupreme Court of the United States · 1883
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3Cited by36 opinions
- Flake Ex Rel. Flake v. Greensboro News Co.Supreme Court of North Carolina · 1938
- Rosier v. Garron, Inc.West Virginia Supreme Court · 1973
- Commonwealth v. KoshSupreme Court of Pennsylvania · 1931
- Erick Bowman Remedy Co. v. Jensen Salsbery Laboratories, Inc.Court of Appeals for the Eighth Circuit · 1926
- National Refining Co. v. Benzo Gas Motor Fuel Co.Court of Appeals for the Eighth Circuit · 1927
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