Legal Opinion

Turton v. New York Recorder Co.

New York Court of Appeals

Decided December 11, 1894PublishedCited by 27 opinions

Appeal from judgment of the General Term of the Court of. Common Pleas for the city and county of Hew York, entered upon an order made April 10, 1893, which modified, and affirmed as modified, a judgment in favor of plaintiff entered upon a verdict and also affirmed an order denying a motion for a new trial. This was an action for libel.

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Appeal from judgment of the General Term of the Court of. Common Pleas for the city and county of Hew York, entered upon an order made April 10, 1893, which modified, and affirmed as modified, a judgment in favor of plaintiff entered upon a verdict and also affirmed an order denying a motion for a new trial. This was an action for libel. In September, 1891, and for some years prior thereto, the plaintiff was a member of the firm of John Turton’s Sons, doing business in the city of Hew York as exporters and dealers in rosin and turpentine. The plaintiff passed a part of each year in Savannah,…

1Opinion of the CourtEarl, J.

It was claimed upon the argument before us that the alleged libelous article was of doubtful meaning and not necessarily libelous per se, and that, therefore, there should have been án innuendo in the complaint alleging its meaning and application. If an innuendo was necessary we find it in substance in the complaint, in which it is alleged that by reason of the publication the plaintiff has been “ held up to the public, his business acquaintances and friends as a thief and a dishonest and untrustworthy man.” But we do not think the article is ambiguous. It is to be construed as it would…

2Cases cited6 opinions

  1. Thorn v. . KnappNew York Court of Appeals · 1870
  2. Inman v. FosterNew York Supreme Court · 1832
  3. Keenholts v. BeckerNew York Supreme Court · 1846
  4. Thomas v. CroswellNew York Supreme Court · 1810
  5. Evening News Ass'n v. TryonMichigan Supreme Court · 1880

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3Cited by27 opinions

  1. Reynolds v. PeglerDistrict Court, S.D. New York · 1954
  2. Morse v. Times-Republican Printing Co.Supreme Court of Iowa · 1904
  3. Mattice v. . WilcoxNew York Court of Appeals · 1895
  4. Ellis v. Brockton Publishing Co.Massachusetts Supreme Judicial Court · 1908
  5. Guenther v. Ridgway Co.Appellate Division of the Supreme Court of the State of New York · 1913

22 more not listed; retrieve them via the Exa API.

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