Perley v. Morning Telegraph Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, the Morning Telegraph Company, from an interlocutory judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 17th day of December, 1908, upon the decision of the court, rendered after a trial at the New York Special Term, overruling the defendant’s demurrer to the complaint.
1Opinion of the Court
Ingraham, J.:
The action is for a libel, the defendant being the publisher of a daily newspaper known as the Morning Telegraph. The complaint alleges that the plaintiff is a theatrical manager and that the defendant caused to be published on December 14, 1907, an article which is set forth in the complaint. It was stated in that article that an action commenced by plaintiff against the Shubert Company had been decided against the plaintiff; that the plaintiff had decided to send his companies over Shubert’s circuit; that a contract was signed under which each side was to forfeit $25,000 for a…
2Cases cited2 opinions
- Moore v. . FrancisNew York Court of Appeals · 1890
- Sanderson v. . CaldwellNew York Court of Appeals · 1871
3Cited by5 opinions
- Kforce, Inc. v. Alden Personnel, Inc.District Court, S.D. New York · 2003
- Henkin v. News Syndicate Co.New York Supreme Court · 1960
- Medina v. United Press Ass'nNew York Supreme Court · 1959
- Naylor v. Variety, Inc.Appellate Division of the Supreme Court of the State of New York · 1917
- Perley v. Morning Telegraph Co.Appellate Division of the Supreme Court of the State of New York · 1910