McAvoy v. Press Publishing Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, the Press Publishing Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 29th day of June, 1905, upon the verdict of a jury, and also from that portion of an order entered in said clerk’s office on the 28th day of June, 1905, which denies the defendant’s motion for a new trial made upon the minutes.
1Opinion of the Court
Clarke, J.:
Plaintiff brought five separate actions upon separate alleged libels published in the World. The five actions were duly consolidated and tried as one case. Plaintiff, at the time of the publication, was the first deputy commissioner of police of the city of New York, and the matter complained of was alleged to have been published of and concerning him in his said capacity as first deputy commissioner of police. The defendant in its answer alleged certain facts as a defense in justification, and then repeated these alleged facts under a plea of mitigation and set up that the facts…
2Cases cited1 opinion
- Hamilton v. . EnoNew York Court of Appeals · 1880
3Cited by2 opinions
- Majewski v. FarleyAppellate Division of the Supreme Court of the State of New York · 1922
- Lecci v. CahnDistrict Court, E.D. New York · 1973