Le Massena v. Storm
Appellate Division of the Supreme Court of the State of New York
• Appeal by the defendant, Jules P. Storm, from a judgment of the Supreme Ooiirt in favor of the plaintiff, entered in ihe. office of the clerk of the county of Hew York on the 1st day of February, 1901, upon the verdict of a jury for $175, and also from an order entered in said clerk’s office on the 30th day of January, 1901, denying the defendant’s motion for a new trial made upon the minutes.
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• Appeal by the defendant, Jules P. Storm, from a judgment of the Supreme Ooiirt in favor of the plaintiff, entered in ihe. office of the clerk of the county of Hew York on the 1st day of February, 1901, upon the verdict of a jury for $175, and also from an order entered in said clerk’s office on the 30th day of January, 1901, denying the defendant’s motion for a new trial made upon the minutes. The complaint sets forth two causes of action, in each of which it- is alleged that plaintiff is engaged in the. business of publishing legal notices and advertisements in the Wall Street Journal, á…
1Opinion of the Court
Laughlin, J.:
The loss of business shown by the evidence not having been specially alleged, plaintiff was not entitled to recover therefor. (Bosi v. New York Herald Co., 58 App. Div. 619; Langdon v. Shearer, 43 id. 601; Kraft v. Rice, 45 id. 569 ; Roberts v. Breckon, 31 id. 431.) The real question presented by this appeal is whether, as to the plaintiff, these words were actionable per se.
It will be observed that no reflection was made upon the character or honesty of plhintiff in his business or otherwise. There is no suggestion even that he either innocently or knowingly misrepresented the…
2Cases cited10 opinions
- Moore v. . FrancisNew York Court of Appeals · 1890
- Terwilliger v. . WandsNew York Court of Appeals · 1858
- Tobias v. HarlandNew York Supreme Court · 1830
- Wilson v. DuboisSupreme Court of Minnesota · 1886
- Kendall v. . StoneNew York Court of Appeals · 1851
5 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- Marlin Fire Arms Co. v. . ShieldsNew York Court of Appeals · 1902
- Kee v. Armstrong, Byrd & Co.Supreme Court of Oklahoma · 1919
- Angio-Medical Corp. v. Eli Lilly & Co.District Court, S.D. New York · 1989
- Curran Bill Posting & Distributing v. City of DenverSupreme Court of Colorado · 1910
- Steak Bit of Westbury, Inc. v. Newsday, Inc.New York Supreme Court · 1972
14 more not listed; retrieve them via the Exa API.