Nunnally v. New-Yorker Staats-Zeitung
Appellate Division of the Supreme Court of the State of New York
. Appeal by the defendant, the New-Yorker Staats-Zeitung, from an interlocutory judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 28th day of November, 1905, upon the decision of the court, rendered after a trial at the New York Special Term, overruling the defendant’s demurrer to the complaint.
1Opinion of the Court
Patterson, J.:
The article published by the defendant, and which the plaintiff asserts constitutes a libel upon her, relates to the same matter as that considered in the case of Nunnally v. Tribune Association (111 App. Div. 485). It differs from the article published in the Tribune in some respects. There are not as many statements contained in the defendant’s article which by proof the plaintiff could show referred to her, but there is enough to enable' her to give evidence that she was the person defamed. It is indisputable that the publication complained of by the plaintiff is libelous per…
2Cases cited3 opinions
- Corr v. . Sun Printing Publishing Assn.New York Court of Appeals · 1904
- Nunnally v. Tribune Ass'nAppellate Division of the Supreme Court of the State of New York · 1906
- Hauptner v. WhiteAppellate Division of the Supreme Court of the State of New York · 1903
3Cited by6 opinions
- Adolf Philipp Co. v. New Yorker Staats-ZeitungAppellate Division of the Supreme Court of the State of New York · 1914
- Foltz v. News Syndicate Co.District Court, S.D. New York · 1953
- Soper v. Associated PressAppellate Division of the Supreme Court of the State of New York · 1906
- Lyons v. New York Herald Co.New York Supreme Court · 1907
- Nunnally v. New Yorker Zeitung Publishing & Printing Co.Appellate Division of the Supreme Court of the State of New York · 1907
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