Legal Opinion

Lawyers' Co-operative Publishing Co. v. West Publishing Co.

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

Decided July 1, 1898PublishedCited by 16 opinions

Motion by the plaintiff, the Lawyers’ Co-operative Publishing Company, for a new trial, made upon a case containing exceptions, ordered to be heard. at the Appellate Division in the first instance upon the verdict of a jury, in favor of the defendant, rendered by. direction of the court after a trial at the Monroe Trial Term. This action was begun May 19, 1897, to recover damages-for the publication of an alleged libel.

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Motion by the plaintiff, the Lawyers’ Co-operative Publishing Company, for a new trial, made upon a case containing exceptions, ordered to be heard. at the Appellate Division in the first instance upon the verdict of a jury, in favor of the defendant, rendered by. direction of the court after a trial at the Monroe Trial Term. This action was begun May 19, 1897, to recover damages-for the publication of an alleged libel. The plaintiff is a domestic corporation, located at Rochester, Mew York, and engaged in publishing "lawbooks, among which is a work known as the “ General Digest,” which, from…

1Opinion of the Court

Follett, J.:

The defendant having a legal interest in its copyrighted publications had the right to publish to its customers a true statement of the decision of the United States Circuit Court of Appeals, even though it censured the acts of the plaintiff in publishing its General Digest, and the defendant is not liable for publishing a fair report of such decision. (Edsall v. Brooks, 2 Robt. 29 ; S. C., 17 Abb. Pr. 221; 26 How. Pr. 426 ; Salisbury v. Union & Advertiser Co., 45 Hun, 120; Towns. Sland. & Lib. [4th ed.] §§ 229, 240; Stark. Sland. & Lib. [3d Eng. ed.] 214, 281; Odger’s Sland. &…

2Cases cited1 opinion

  1. Edsall v. BrooksThe Superior Court of New York City · 1864

3Cited by16 opinions

  1. Campbell v. New York Evening Post, Inc.New York Court of Appeals · 1927
  2. Schermerhorn v. RosenbergAppellate Division of the Supreme Court of the State of New York · 1980
  3. Brown v. Globe Printing Co.Supreme Court of Missouri · 1908
  4. Cole Fisher Rogow, Inc. v. Carl Ally, Inc.Appellate Division of the Supreme Court of the State of New York · 1968
  5. Stuart v. Press Publishing Co.Appellate Division of the Supreme Court of the State of New York · 1903

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