Klaw v. New York Press Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, the New York Press Company, Limited, 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 27th day of May, 1912.
1Opinion of the Court
Dowling, J.:
This is an appeal from an order granting a motion to vacate an order for the examination of Fanny Ward Lewis as a witness herein on behalf of the defendant. The action is brought to recover damages for the publication of a libel. The answer sets up among other things certain partial defenses in mitigation of damages. The original moving affidavits sufficiently showed that the testimony of the witness was material and necessary for the defendant as to two of these defenses. Mrs. Lewis is a resident of London, Eng., and an actress who spends much of her time in this country, being…
2Cases cited3 opinions
- Commercial Publishing Co. v. BeckwithAppellate Division of the Supreme Court of the State of New York · 1901
- Stapleton v. La ShelleAppellate Division of the Supreme Court of the State of New York · 1908
- Turck v. ChisholmNew York Supreme Court · 1907
3Cited by1 opinion
- Teall v. RoeserAppellate Division of the Supreme Court of the State of New York · 1923