Legal Opinion
Kimmerle v. New York Evening Journal, Inc.
New York Court of Appeals
Decided May 23, 1933PublishedCited by 88 opinions
1Opinion of the CourtCrouch, J.
The action is for libel. The first cause of action as stated in the complaint has been held sufficient. The question of its sufficiency has been certified to this court. The answer depends solely upon whether the following words which “ on the 2d day of September, 1931, the defendant in its newspaper republished of and concerning the plaintiff,” are libelous per se:
“ Weds Sister-in-Law.
“ She accepted him and on January 16, 1905, they were married. Five days later Hoch was courting Mrs. Catherine Kimmerly in New York, in a rooming house she conducted, in 47th Street at Tenth Avenue.
“ Mrs.…
2Cases cited3 opinions
- Roberson v. . Rochester Folding Box Co.New York Court of Appeals · 1902
- Sydney v. MacFadden Newspaper Publishing Corp.New York Court of Appeals · 1926
- Horton v. Binghamton Press Co.Appellate Division of the Supreme Court of the State of New York · 1907
3Cited by88 opinions
- Lino Celle and Radio Mindanao Network Usa, Inc. v. Filipino Reporter Enterprises Inc. And Libertito PelayoCourt of Appeals for the Second Circuit · 2000
- Samuel Albert v. Salmen Loksen, Brooklyn Hospital and Karen BuonoCourt of Appeals for the Second Circuit · 1999
- Norman Birnbaum, B. Leonard Avery and Mary Rule MacMillen Plaintiffs v. United StatesCourt of Appeals for the Second Circuit · 1978
- Chau v. LewisCourt of Appeals for the Second Circuit · 2014
- Ilya D. Levin v. John McPhee the New Yorker Magazine, Inc., and Farrar, Straus & Giroux, Inc.Court of Appeals for the Second Circuit · 1997
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