Keller v. American Bottlers' Publishing Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, The American Bottlers’ Publishing Company and others, from a. judgment of tlie Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of ¡New York on the 28tli day of January, 1910, upon the verdict of a jury for $3,000, and also from an order entered in said clerk’s office on the 1st day of February, 1910, denying the defendants’, motion for a new trial made upon the minutes.
1Opinion of the Court
McLaughlin, J.:
Action to recover damages for an alleged libel. The plaintiff is the editor and manager of a trade paper called the National Bottlers' Gazette. The defendant corporation publishes a rival paper known as The American Bottler and the libel complained of appeared in this paper on March 15, 1907. On the fifth of February preceding the. plaintiff had published an article in his paper warning persons engaged in the bottling trade of the dangers incurred under the ¡National Pure Food Law in using preparations not correctly labeled and citing as an instance a preparation made by a…
2Cases cited5 opinions
- Gressman v. . Morning Journal Assn.New York Court of Appeals · 1910
- Cassidy v. . Brooklyn Daily EagleNew York Court of Appeals · 1893
- Richardson v. NorthrupNew York Supreme Court · 1867
- Wuensch v. Morning Journal Ass'nAppellate Division of the Supreme Court of the State of New York · 1896
- Xavier v. OliverAppellate Division of the Supreme Court of the State of New York · 1903
3Cited by4 opinions
- Faulk v. MiltonAppellate Division of the Supreme Court of the State of New York · 1966
- Preston v. HobbsAppellate Division of the Supreme Court of the State of New York · 1914
- Krutech v. SchimmelNew York Supreme Court · 1966
- Collier v. Postum Cereal Co.Appellate Division of the Supreme Court of the State of New York · 1912