Woolworth v. Klock
Appellate Division of the Supreme Court of the State of New York
Appeal by the ■ defendant, Jay E. Klock, from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 15th day of October 1903, denying the defendant’s motion to change the place of trial of the action from the county of New York to the county of Ulster.
1Opinion of the Court
Per Curiam :
This action is brought to recover damages for the publication of a libel in defendant’s newspaper, published at Kingston in the county of Ulster. The publication of the libel is admitted, and the *143answer, in all essential respects, is a plea in mitigation of damages, and such is the question which will be litigated upon the trial. The action is transitory in its nature, and there is no averment in the complaint that the libel was published in the city and county of New York. Whatever damages the plaintiff has sustained from this publication would seem to be limited to such as he…
2Cases cited1 opinion
- Rogers v. ButlerAppellate Division of the Supreme Court of the State of New York · 1902
3Cited by2 opinions
- Rae v. Advance Publications, Inc.New York Supreme Court · 1969
- Police Benevolent Ass'n v. Post-Standard Co.Appellate Division of the Supreme Court of the State of New York · 1963