Bingham v. Gaynor
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Theodore A- Bingham, from an interlocutory judgment of the Supreme Court in favor of the defendant, entered in th.e office of the clerk of the county of New York on the lOtli day of September, 1910, upon the decision of the court, rendered after a trial at the New York Special- Term; overruling the plaintiff’s demurrer to the first and second separate defenses in defendant’s amended answer on the ground that they are insufficient in law upon the face…
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Appeal by the plaintiff, Theodore A- Bingham, from an interlocutory judgment of the Supreme Court in favor of the defendant, entered in th.e office of the clerk of the county of New York on the lOtli day of September, 1910, upon the decision of the court, rendered after a trial at the New York Special- Term; overruling the plaintiff’s demurrer to the first and second separate defenses in defendant’s amended answer on the ground that they are insufficient in law upon the face thereof. Action to recover damages for an alleged libel. The complaint alleges that, at the times mentioned, the…
1Opinion of the Court
McLaughlin, J.:
The first defense demurred to alleges, in substance, that the defendant before writing the letter addressed to the mayor, several times requested the plaintiff to have the picture and measurements of the Duffy boy removed from the Rogues’ Gallery, which the plaintiff refused to do, notwithstanding a decision of the Supreme Court, in an action .to which the plaintiff was a party, to the effect that su.ch picturei. and measurements could not legally be retained ; that ■ the process of measuring and photographing persons arrested, but not convicted, had, under the direction of the…
2Cases cited9 opinions
- Hamilton v. . EnoNew York Court of Appeals · 1880
- More v. . BennettNew York Court of Appeals · 1872
- Thompson v. . HalbertNew York Court of Appeals · 1888
- Lanpher v. . ClarkNew York Court of Appeals · 1896
- Hoey v. New York Times Co.Appellate Division of the Supreme Court of the State of New York · 1910
4 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- McGovern v. Van RiperNew Jersey Court of Chancery · 1945
- Sherman v. International Publications, Inc.Appellate Division of the Supreme Court of the State of New York · 1925
- New York Society for the Suppression of Vice v. Macfadden Publications, Inc.New York Supreme Court · 1929
- Schieffelin v. HylanAppellate Division of the Supreme Court of the State of New York · 1923
- Macaulay Co. v. WinchellAppellate Division of the Supreme Court of the State of New York · 1940
3 more not listed; retrieve them via the Exa API.