First National Bank v. Winters
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the third judicial department, entered July 22, 1916, 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.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the third judicial department, entered July 22, 1916, 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. As to the first cause of action the trial justice' erred in refusing to submit to the jury, and in charging as a matter of law, that the article was defamatory; that it was applicable to plaintiff, and that as against the plaintiff corporation the article was libelous per se. (Denns v. N. Y. E. J. Pub. Co., 210 N. Y.…
1Opinion of the CourtAndrews, J.
The plaintiff is a banking corporation doing business in the village of Waverly. On December 30th, 1910, the defendant published in a newspaper controlled by him an article in which he stated that while he kept his newspaper account with the plaintiff he deposited a check for 8100. This check was not properly credited to the account and, as a result, when later checks were drawn, he was informed that the account was overdrawn. The plaintiff insisted for some time that no mistake had been made and finally the defendant wrote to Mr. Lyford, its president, asking why the proper credit had not…
2Cases cited3 opinions
- Sanderson v. . CaldwellNew York Court of Appeals · 1871
- Reporters' Ass'n of America v. Sun Printing & Publishing Ass'nNew York Court of Appeals · 1906
- New York Bureau of Information v. Ridgway-Thayer Co.Appellate Division of the Supreme Court of the State of New York · 1907
3Cited by29 opinions
- Corrigan v. . Bobbs-Merrill Co.New York Court of Appeals · 1920
- November v. Time Inc.New York Court of Appeals · 1963
- National Labor Relations Board v. Peter Cailler Kohler Swiss Chocolates Co.Court of Appeals for the Second Circuit · 1942
- Drug Research Corp. v. Curtis Publishing Co.New York Court of Appeals · 1960
- Sweeney v. United Feature Syndicate, Inc.Court of Appeals for the Second Circuit · 1942
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