Jacquelin 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 23d day of November, 1897, upon the verdict of a jury for $5,000, and also from an order entered in said clerk’s office on the 23d day of November, 1897, denying the defendant’s motion for a new trial made upon the minutes. The action was brought by John II.
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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 23d day of November, 1897, upon the verdict of a jury for $5,000, and also from an order entered in said clerk’s office on the 23d day of November, 1897, denying the defendant’s motion for a new trial made upon the minutes. The action was brought by John II. Rogers, since deceased, to recover damages for an alleged libel. The complaint alleged “ that on the 30th day of June, 1894, the following article was…
1Opinion of the Court
O’Brien, J.:
At the opening of the trial, before any testimony had been taken, the defendant moved to dismiss the complaint upon the ground that it did not state facts sufficient to constitute a cause of action, in the absence of an allegation therein that the article was published of and concerning the plaintiff. The substantial question on this appeal is presented by the exception taken to the denial of this motion.
At common law it was necessary to allege, in an action for libel, that the article complained of was published of and concerning the plaintiff, and to set up, by way of colloquium…
2Cases cited3 opinions
- Bate v. . GrahamNew York Court of Appeals · 1854
- Strauss v. TrotterNew York Court of Common Pleas · 1893
- In re Kemp's EstateAppellate Division of the Supreme Court of the State of New York · 1896
3Cited by5 opinions
- Remus v. United StatesCourt of Appeals for the Sixth Circuit · 1923
- Morrison v. News Syndicate Co.Appellate Division of the Supreme Court of the State of New York · 1936
- Cragin v. O'ConnellAppellate Division of the Supreme Court of the State of New York · 1900
- Rivers v. New York Evening Journal Publishing Co.Appellate Division of the Supreme Court of the State of New York · 1907
- Cohn-Baer-Myers & Aronson Co. v. Realty Transfer Co.Appellate Division of the Supreme Court of the State of New York · 1907