Daly v. . Byrne
New York Court of Appeals
Appeal from, judgment of the General Term of the Superior Court of the city of New York affirming, a judgment in favor of plaintiff, entered upon a verdict. (Reported below, 11 J. S., 261.) The action was for libel.
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Appeal from, judgment of the General Term of the Superior Court of the city of New York affirming, a judgment in favor of plaintiff, entered upon a verdict. (Reported below, 11 J. S., 261.) The action was for libel. The complaint alleged, in substance, that plaintiff was a theatrical manager and the author of various plays and dramatic works ; that in December, 1875, he caused to be performed in his theatre a play called “ Pique,” which was announced as having been composed and written by him ; that defendant thereupon caused to be published in the “New York Dramatic News,’(a newspaper of…
1Opinion of the CourtFolgeb, J.
It is error, upon the trial of an action for slander or libel, to receive in evidence, when properly objected to, testimony that the defendant has repeated the slanderous or libelous matter, at a time after the commencement of the action : (Frazier v. McCloskey, 60 N. Y., 337; Distin v. Rose, 69 id., 122.)
When such matter Avas offered in evidence in the trial court, in the case in hand, the defendant objected. He did not state, as the ground of his objection, the legal rule on Avhich the cases above cited Avere decided The objection made by him did not refer to that rule as the basis of his…
2Cases cited5 opinions
- Caldwell v. . New Jersey Steamboat Co.New York Court of Appeals · 1872
- Tooley v. . BaconNew York Court of Appeals · 1877
- Levin v. . RussellNew York Court of Appeals · 1870
- Frazier v. . McCloskeyNew York Court of Appeals · 1875
- Erwin v. . Neversink Steamboat CompanyNew York Court of Appeals · 1882
3Cited by16 opinions
- Kolka v. JonesNorth Dakota Supreme Court · 1897
- Cook v. . ConnersNew York Court of Appeals · 1915
- Collier v. Postum Cereal Co.Appellate Division of the Supreme Court of the State of New York · 1912
- Wheaton v. WhittemoreMichigan Supreme Court · 1882
- Rosenwald v. HammersteinNew York Court of Common Pleas · 1884
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