Legal Opinion

Holmes v. . Jones

New York Court of Appeals

Decided June 3, 1890PublishedCited by 79 opinions

Appeal from judgment of the General Term of the Supreme 'Court in the third judicial department, entered upon an order made December 8,1888, which modified and affirmed as modified a judgment in favor of plaintiff entered upon a verdict. This was an action of libel brought against the Hew York Times by the plaintiff, who was engaged in the business of an undertaker and embalmer, at Saratoga Springs.

Read the full summary

Appeal from judgment of the General Term of the Supreme 'Court in the third judicial department, entered upon an order made December 8,1888, which modified and affirmed as modified a judgment in favor of plaintiff entered upon a verdict. This was an action of libel brought against the Hew York Times by the plaintiff, who was engaged in the business of an undertaker and embalmer, at Saratoga Springs. Plaintiff was employed in his business about the body of General Grant, at Mount McGregor, in July, 1885, and subsequently, in the fall of 1886, rendered a bill of $500 for .his services to the…

1Opinion of the CourtEarl, J.

Several rulings of the trial judge made during the progress of the trial upon questions of evidence are complained of. Those rulings were clearly correct and need no further notice.

The counsel for the plaintiff, while summing up to the jury, read to them the following paragraph from the answer : “ That the plaintiff has been for a long time immediately prior to, and was on ¡November 22, 1886, and has been since, addicted to drinking spirituous and intoxicating liquors, and also to drinking such liquors to excess, and had been on various occasions prior to ¡November 22, 1886, visibly .under…

2Cases cited9 opinions

  1. Arkansas Valley Land & Cattle Co. v. MannSupreme Court of the United States · 1889
  2. Hamilton v. . EnoNew York Court of Appeals · 1880
  3. Cruikshank v. . GordonNew York Court of Appeals · 1890
  4. Distin v. . RoseNew York Court of Appeals · 1877
  5. Taylor v. . ChurchNew York Court of Appeals · 1853

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

3Cited by79 opinions

  1. Post Pub. Co. v. HallamCourt of Appeals for the Sixth Circuit · 1893
  2. Reynolds v. PeglerDistrict Court, S.D. New York · 1954
  3. Crane v. . BennettNew York Court of Appeals · 1904
  4. Warner v. Press Publishing Co.New York Court of Appeals · 1892
  5. T. N. O. R. R. Co. v. SyfanTexas Supreme Court · 1898

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

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API