Schoepflin v. . Coffey
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered February 21, 1898, 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 Appellate Division of the Supreme Court in the fourth judicial department, entered February 21, 1898, 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 defendant’s motion to dismiss the complaint at the beginning of the trial should have been granted, as the complaint alleged no cause of action. (Laidlaw v. Sage, 158 N. Y. 73; Ward v. Weeks, 7 Bing. 211; Olmsted v. Brown, 12 Barb. 657; Bassell v. Elmore, 48 N.…
1Opinion of the CourtMartin, J.
This action was for both slander and libel. The complaint contains five counts. The first and fifth are for libel and the remainder for' slander. Upon the trial the court held that the complaint did not ■ state a cause of action for slander, as the words alleged were not actionable per se and no special damages were averred. From this determination no appeal was taken. The case was, however, submitted to the jury as an action for the libel charged in the first and fifth counts of the complaint.
These counts in substance charge that on the fifteenth day of May, 1895, at Albany, the defendant…
2Cases cited11 opinions
- Laidlaw v. . SageNew York Court of Appeals · 1899
- Youmans v. . SmithNew York Court of Appeals · 1897
- Pollock v. . PollockNew York Court of Appeals · 1877
- Baulec v. . New York Harlem R.R. Co.New York Court of Appeals · 1874
- Pauley v. Steam Gauge & Lantern Co.New York Court of Appeals · 1892
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3Cited by42 opinions
- Geraci v. ProbstNew York Court of Appeals · 2010
- John Zuck v. Interstate Publishing Corp., John Zuck v. Marjorie Bair, Edward Purcell, Martin Goodman and Jean GoodmanCourt of Appeals for the Second Circuit · 1963
- Van-Go Transport Co., Inc. v. New York City Bd. of Educ.District Court, E.D. New York · 1997
- Lunt v. Post Printing & Publishing Co.Supreme Court of Colorado · 1910
- Sassower v. FinnertyAppellate Division of the Supreme Court of the State of New York · 1983
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