Gates v. . New York Recorder Co.
New York Court of Appeals
Appeal from a judgment of the late General Term of the Supreme Court in the second judicial department, entered January 23," 1895, affirming a" judgment in favor of plaintiff entered upon a verdict and an order denying a motion for a new trial. The nature of the action and the facts, so far as material, are stated in the opinion.
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Appeal from a judgment of the late General Term of the Supreme Court in the second judicial department, entered January 23," 1895, affirming a" judgment in favor of plaintiff entered upon a verdict and an order denying a motion for a new trial. The nature of the action and the facts, so far as material, are stated in the opinion. The complaint should have been dismissed because it did not state facts sufficient to constitute a cause of action for the reason that, as matter of law, the article was not a libel upon the plaintiff. (Stone v. Cooper, 2 Den. 293.) The complaint should have been…
1Opinion of the CourtBartlett, J.
This is an action for libel. The defendant published in its newspaper, “ The New York Recorder,” in the city of New York, of and,/concerning the plaintiff, three days after her marriage, that she was a “ dashing blonde, twenty years old, and is said to have been a concert-hall singer and dancer at Coney Island.”
It also charged in substance that she had been secretly married to her husband, who was seventy-five years old, and “ fond of pretty women.”
It is admitted that the statements as to plaintiff and her alleged secret marriage are false.
The complaint alleges that “ a ‘ concert hall at…
2Cases cited1 opinion
- Morey v. Morning Journal Ass'nNew York Court of Appeals · 1890
3Cited by14 opinions
- Rinaldi v. Holt, Rinehart & Winston, Inc.New York Court of Appeals · 1977
- James v. Gannett Co.New York Court of Appeals · 1976
- Peck v. Tribune Co.Supreme Court of the United States · 1909
- Sydney v. MacFadden Newspaper Publishing Corp.New York Court of Appeals · 1926
- Triggs v. Sun Printing & Publishing Ass'nNew York Court of Appeals · 1904
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