Ashcroft v. . Hammond
New York Court of Appeals
Appeal from an order of the Appellate Division of the Supreme Court in the second judicial department, entered April 23,1909, which reversed a judgment in favor of defendant entered upon a dismissal of the complaint by the court at a Trial Term and granted a new trial. The nature of the action and the facts, so far as material, are stated in the ojñniou. Whether the alleged libel is a privileged communication or not is a question for the court.
Read the full summary
Appeal from an order of the Appellate Division of the Supreme Court in the second judicial department, entered April 23,1909, which reversed a judgment in favor of defendant entered upon a dismissal of the complaint by the court at a Trial Term and granted a new trial. The nature of the action and the facts, so far as material, are stated in the ojñniou. Whether the alleged libel is a privileged communication or not is a question for the court. (Lovell Co. v. Houghton, 116 N. Y. 520; Odgers on Libel & Slander [4th ed.], 217.) The telegram upon which plaintiff’s case was based is a privileged…
1Opinion of the Court
Cullen, Ch. J.
The action is for libel. The publication complained of is a telegram sent from the defendant to Samuel L. Clemens in negotiations to settle a controversy that had arisen over the affairs of the Plasmon Company. Plasmon is a product of milk obtained by processes protected by patents. The parent company was an English corporation. The Plasmon Company of America was capitalized at 7,500 shares of stock at the par value of one hundred dollars. The English company held 2,500 shares issued in consideration of the patent rights for this country transferred to the American company; the…
2Cases cited5 opinions
- Hemmens v. . NelsonNew York Court of Appeals · 1893
- Hamilton v. . EnoNew York Court of Appeals · 1880
- Klinck v. . ColbyNew York Court of Appeals · 1871
- Lewis and Herrick v. . ChapmanNew York Court of Appeals · 1857
- John W. Lovell Co. v. HoughtonNew York Court of Appeals · 1889
3Cited by80 opinions
- Shapiro v. Health Insurance Plan of Greater New YorkNew York Court of Appeals · 1959
- Stukuls v. State of New YorkNew York Court of Appeals · 1977
- Quentin Reynolds v. Westbrook Pegler, the Hearst Corporation and Hearst Consolidated Publications, Inc.Court of Appeals for the Second Circuit · 1955
- Pecue v. . WestNew York Court of Appeals · 1922
- Herlihy v. Metropolitan Museum of ArtAppellate Division of the Supreme Court of the State of New York · 1995
75 more not listed; retrieve them via the Exa API.