Stokes v. Morning Journal Ass'n
Appellate Division of the Supreme Court of the State of New York
Appeal . by the defendant, The Morning Journal Association, from a 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 3d day of February, 1902, upon the verdict of a jury for $10,000, and also from an order bearing date the 10tli day of February, 1902, and entered in said clerk’s office denying the defendant’s motion for a new trial made upon the minutes.
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Appeal . by the defendant, The Morning Journal Association, from a 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 3d day of February, 1902, upon the verdict of a jury for $10,000, and also from an order bearing date the 10tli day of February, 1902, and entered in said clerk’s office denying the defendant’s motion for a new trial made upon the minutes. The article in question was published August 14, 1899.
1Opinion of the Court
Ingraham, J.:
When this action was. before this court on a former appeal (66 App. Div. 569) it was held that the question as to whether the arti*186ele complained of was published by the defendant, and whether it referred to the plaintiff, were questions of fact for the jury and should have been submitted to them for their determination. Upon a new trial these questions were submitted to the jury, who found against the defendant; and the refusal of the court to dismiss the complaint or to direct a verdict for the defendant upon the ground that from the whole evidence the jury were not justified in…
2Cases cited3 opinions
- Van Ingen v. Mail & Express Publishing Co.New York Court of Appeals · 1898
- Stokes v. Morning Journal Ass'nAppellate Division of the Supreme Court of the State of New York · 1901
- Ertheiler v. BernheimAppellate Division of the Supreme Court of the State of New York · 1899
3Cited by7 opinions
- MacAluso v. Mondadori Publishing Co.District Court, E.D. New York · 1981
- Interstate Transit Lines v. CraneCourt of Appeals for the Tenth Circuit · 1938
- Vigil Ex Rel. Vigil v. RiceNew Mexico Supreme Court · 1964
- Bird v. Press Publishing Co.Appellate Division of the Supreme Court of the State of New York · 1913
- Clifford v. Press Publishing Co.Appellate Division of the Supreme Court of the State of New York · 1903
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