Throckmorton v. Evening Post Pub. Co.
Appellate Division of the Supreme Court of the State of New York
Appeal from trial term. Action by Charles B. Throckmorton against the Evening Post Publishing Company. Judgment for defendant, and plaintiff appeals from the judgment, and from an order denying a motion for new trial.
1Opinion of the CourtVan Brunt, P. J.
This action was commenced to recover dam- • ages for alleged libels. In the complaint two causes of action were set up,—one for a publication on the 7th of January, 1895, and the other for a publication on the 15th of January, 1895. The case has been twice tried, and this is the second appeal to the appellate division. On the first trial, after the evidence was all in, the court digs-*888missed the complaint as to the first cause of action upon the merits, hut the case w§s sent to the jury upon the second cause of action, and the jury found a verdict for the plaintiff. After this trial, a…
2Cases cited1 opinion
- Throckmorton v. Evening Post Publishing Co.Appellate Division of the Supreme Court of the State of New York · 1898
3Cited by2 opinions
- Wright v. Farm Journal, Inc.Court of Appeals for the Second Circuit · 1947
- Lauder v. JonesNorth Dakota Supreme Court · 1904