Mattice v. . Wilcox
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the fourth judicial department, entered upon an order made September 12, 1893, which affirmed a judgment in favor of plaintiff entered upon a verdict and also affirmed an order denying defendant’s motion for a new trial. This is an action to recover damages for an alleged libel published by the defendant of and concerning the plaintiff.
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Appeal from judgment of the General Term of the Supreme Court in the fourth judicial department, entered upon an order made September 12, 1893, which affirmed a judgment in favor of plaintiff entered upon a verdict and also affirmed an order denying defendant’s motion for a new trial. This is an action to recover damages for an alleged libel published by the defendant of and concerning the plaintiff. The publication was made by the defendant in the form of a circular which he procured to be printed and which he caused to be circulated among the citizens of Oneonta just prior to a charter…
1Opinion of the CourtPeckham, J.
First. In our judgment the trial court made no mistake in charging the jury that the words oí the second paragraph upon their face were actionable, and that the only question for them to determine upon that branch was one of damages. The learned judge said there was no ambiguity about the language; that the meaning which everybody reading it would draw from it was the incompetency and incapacity of the plaintiff as an attorney to perform the duties of the attorney to the village, and that it attacked the plaintiff in his professional capacity, and nothing remained for the jury but to assess…
2Cases cited9 opinions
- Moore v. . FrancisNew York Court of Appeals · 1890
- Hamilton v. . EnoNew York Court of Appeals · 1880
- Byam v. . CollinsNew York Court of Appeals · 1888
- Klinck v. . ColbyNew York Court of Appeals · 1871
- Lewis and Herrick v. . ChapmanNew York Court of Appeals · 1857
4 more not listed; retrieve them via the Exa API.
3Cited by50 opinions
- Triggs v. Sun Printing & Publishing Ass'nNew York Court of Appeals · 1904
- Quentin Reynolds v. Westbrook Pegler, the Hearst Corporation and Hearst Consolidated Publications, Inc.Court of Appeals for the Second Circuit · 1955
- Crane v. New York World Telegram Corp.New York Court of Appeals · 1955
- Krug v. . PitassNew York Court of Appeals · 1900
- Sweeney v. United Feature Syndicate, Inc.Court of Appeals for the Second Circuit · 1942
45 more not listed; retrieve them via the Exa API.