Legal Opinion

Marx v. Press Publishing Co.

New York Court of Appeals

Decided October 1, 1892PublishedCited by 14 opinions

Appeal from judgment of the General Term of the Supreme Court in the second judicial department, entered upon an order made December 8, 1890, which affirmed a judgment in, favor of plaintiff, entered upon a verdict and an order denying a motion for a new trial upon the minutes. This was an action for libel. The facts, so far as material, are stated in the opinion.

1Opinion of the CourtBrown, J.

The plaintiff, who is a lawyer, recovered a judgment for damages sustained from an alleged libelous article published by the appellant, which in substance stated that he had been accused of failing to pav over to a client money he had received for her.

The appellant asks us to reverse the judgment on two grounds. First. That there was no proof of publication by the defendant.

Second. For error in the charge of the court upon the i question of actual malice. The first point is not raised by any appropriate exception in the record. The article was alleged to have been published in the Brooklyn…

2Cited by14 opinions

  1. Crane v. . BennettNew York Court of Appeals · 1904
  2. Pfister v. Milwaukee Free Press Co.Wisconsin Supreme Court · 1909
  3. Potter v. New York Evening Journal Publishing Co.Appellate Division of the Supreme Court of the State of New York · 1902
  4. Kirby v. Pittsburgh Courier Pub. Co.Court of Appeals for the Second Circuit · 1945
  5. Ross v. Esquire, Inc.Court of Appeals for the Second Circuit · 1938

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