Palmer v. E. P. Bailey & Co.
Appellate Division of the Supreme Court of the State of New York
Appeal from trial term, Oneida county. Action by Tyndale Palmer against E. P. Bailey & Co. From a judgment for plaintiff, and an order denying plaintiff’s motion for new trial on the. minutes, plaintiff appeals.
1Opinion of the CourtAdams, J.
The statements contained in the article published in the defendant’s paper, unless true, were unquestionably libelous per se. And this proposition is disputed by no one. But upon the trial the defendant endeavored to make good its defense of justification, and also to prove certain facts by way of mitigation. This attempt upon the part of the defendant resulted in various exceptions being taken by the plaintiff to evidence which was offered and received, and also to certain propositions of law which were charged by the learned trial court, as well as to the refusal of the court to charge in…
2Cases cited2 opinions
- Marx v. Press Publishing Co.New York Court of Appeals · 1892
- Youmans v. PaineNew York Supreme Court · 1895