Legal Opinion

Palmer v. Matthews

Appellate Division of the Supreme Court of the State of New York

Decided July 1, 1898PublishedCited by 1 opinion

Appeal by the plaintiff, Tyndale Palmer, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Erie on the 19th day of May, 1897, upon the verdict of a jury for six cents damages, and also from an order entered in said clerk’s office on the 24th day of May, 1897, denying the plaintiff’s motion for .a new trial made upon the minutes. . The defendants are the proprietors of a daily newspaper published in the city of…

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Appeal by the plaintiff, Tyndale Palmer, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Erie on the 19th day of May, 1897, upon the verdict of a jury for six cents damages, and also from an order entered in said clerk’s office on the 24th day of May, 1897, denying the plaintiff’s motion for .a new trial made upon the minutes. . The defendants are the proprietors of a daily newspaper published in the city of Buffalo, known as the Illusimated Buffalo Express, and, on the 2d day of October, 1892, they caused to be published…

1Opinion of the Court

Adams, J.:

Several exceptions to the rulings of the trial court are pressed upon our attention by the plaintiff, who appeared in person upon the argument of this appeal, and it is claimed that they present error which requires a reversal of the judgment and order appealed from. But after careful examination of the same we find ourselves unable to acquiesce in this contention.

To our view the most serious question which the case presents is that raised by exceptions to certain inquiries put to the plaintiff upon his cross-examination relative to similar actions brought by him against other…

2Cases cited3 opinions

  1. People Ex Rel. Phelps v. Court of Oyer & TerminerNew York Court of Appeals · 1881
  2. People v. . CaseyNew York Court of Appeals · 1878
  3. Foster v. TanenbaumAppellate Division of the Supreme Court of the State of New York · 1896

3Cited by1 opinion

  1. Kennedy v. Boston & Maine RailroadMassachusetts District Court, Appellate Division · 1944

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