Martin v. Press Publishing Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Alfred Nolan Martin, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the cleric of the county of Kings on the 10th day of July, 1903, upon the dismissal of the complaint by direction of the court upon the plaintiff’s opening on a trial at the Kings County Trial Term, and also from an order entered in said clerk’s office on the 10th day of July,- 1903, denying the plaintiff’s motion' for a new trial made upon…
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Appeal by the plaintiff, Alfred Nolan Martin, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the cleric of the county of Kings on the 10th day of July, 1903, upon the dismissal of the complaint by direction of the court upon the plaintiff’s opening on a trial at the Kings County Trial Term, and also from an order entered in said clerk’s office on the 10th day of July,- 1903, denying the plaintiff’s motion' for a new trial made upon the minutes.
1Opinion of the Court
Hooker, J.:
The plaintiff has sued for damages on account of the alleged malicious publication in the defendant’s newspaper of the following article:
“ Savant cannot make a living. Old Oxford Professor and family in sad straits. That the battle for existence is not won by brains alone is illustrated in the sad plight of Prof. Alfred Nolan Martin, at Richmond Park, Staten Island. A man of extraordinary attainments in classical learning and once a professor in Oxford University, he is now in sad straits because his education hampers him in earning a living. He is living with his young wife and…
2Cases cited5 opinions
- Morrison v. . SmithNew York Court of Appeals · 1904
- Morey v. Morning Journal Ass'nNew York Court of Appeals · 1890
- Battersby v. CollierAppellate Division of the Supreme Court of the State of New York · 1897
- Brown v. Tribune Ass'nAppellate Division of the Supreme Court of the State of New York · 1902
- Martin v. Press Publishing Co.New York Supreme Court · 1903
3Cited by9 opinions
- Grant v. Reader's Digest Ass'nCourt of Appeals for the Second Circuit · 1945
- Katapodis v. Brooklyn Spectator, Inc.New York Court of Appeals · 1941
- Burton v. Crowell Pub. Co.Court of Appeals for the Second Circuit · 1936
- Cohen v. New York Times Co.Appellate Division of the Supreme Court of the State of New York · 1912
- Sidis v. FR Pub. CorporationDistrict Court, S.D. New York · 1938
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