Kingsbury v. . Bradstreet Co.
New York Court of Appeals
Appeal from a judgment of the General Term of the Supreme Court in the fifth judicial department, entered upon an order made the first Tuesday of January, 1885, which denied a motion for a new trial and directed judgment for the defendant upon a verdict rendered under direction of the court.
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Appeal from a judgment of the General Term of the Supreme Court in the fifth judicial department, entered upon an order made the first Tuesday of January, 1885, which denied a motion for a new trial and directed judgment for the defendant upon a verdict rendered under direction of the court. The plaintiff alleged in his complaint that he was a commission and grocery merchant, doing a large business and enjoying good credit as a business man, when the defendant, a corporation, engaged in conducting a mercantile agency, maliciously published, printed and circulated among. its customers a…
1Opinion of the CourtVann, J.
The circular in question, on its face, is not a libel upon the plaintiff. It cannot be presumed from the nature of the words used, and it lias not been proved as a consequence directly resulting from their use, that the reputation of the plaintiff has been injured either as a man or as a merchant. When construed according to their natural meaning they are innocent and harmless; and, as thus construed, they were not shown to be false. The use of characters in the body of the page to direct the attention of the reader to the margin or bottom thereof is common in many publications, and of itself…
2Cases cited2 opinions
- Woodling v. KnickerbockerSupreme Court of Minnesota · 1883
- Zier v. HofflinSupreme Court of Minnesota · 1885
3Cited by8 opinions
- De Witt v. ScarlettCourt of Appeals of Maryland · 1910
- Yesner v. SpinnerDistrict Court, E.D. New York · 1991
- Vocational Guidance Manuals, Inc. v. United Newspaper Magazine Corp.Appellate Division of the Supreme Court of the State of New York · 1952
- Smith v. Staten Island Advance Co.New York Supreme Court · 1949
- Beecher v. Press Publishing Co.Appellate Division of the Supreme Court of the State of New York · 1901
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