Stuart v. New York Herald Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, The New York Herald Company, from a 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 26th day of December, 1901, upon the verdict of a jury for $7,000, and also from an order entered in said clerk’s office on the 19th day of December, 1901, denying the defendant’s motion for a new trial made upon the minutes.
1Opinion of the Court
Patterson, J.:
This is an appeal from a judgment in favor of the plaintiff in an action for libel, and from an order denying a motion for a new trial.
The defendant published in its newpapers, the New York Herald and the Evening Telegram, of the issues of the 23d of August, 1900, articles in which they charged that the plaintiff was an adulterer, and had been caught in the act of adultery with the wife of one Knowlden, in the State of New Jersey. It is not denied that the article is libelous per se, nor is it now insisted upon that it was privileged. The only points raised upon this appeal are…
2Cases cited1 opinion
- Cassidy v. . Brooklyn Daily EagleNew York Court of Appeals · 1893
3Cited by5 opinions
- Electro-Tint Engraving Co. v. American Handkerchief Co.Appellate Division of the Supreme Court of the State of New York · 1909
- Grant v. New York Herald Co.Appellate Division of the Supreme Court of the State of New York · 1910
- Harmon v. Alfred Peats Co.Appellate Division of the Supreme Court of the State of New York · 1926
- Burkan v. Musical Courier Co.New York Supreme Court · 1910
- Riverside Irrigation Co. v. CadwellNew Mexico Supreme Court · 1916