Selig v. Alexander
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Leo J. Alexander, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Kings on the 1st day of March, 1916, upon the verdict of a jury for $500, reduced by stipulation to $100, and also from an order entered in said clerk’s office on the 25th day of March, 1918, denying defendant’s motion for a new trial made upon the minutes.
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Appeal by the defendant, Leo J. Alexander, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Kings on the 1st day of March, 1916, upon the verdict of a jury for $500, reduced by stipulation to $100, and also from an order entered in said clerk’s office on the 25th day of March, 1918, denying defendant’s motion for a new trial made upon the minutes. Plaintiff appeals from so much of said order as reads as follows: “ Ordered that the said motion be and hereby is granted, unless the plaintiff stipulates to reduce said verdict to…
1Opinion of the Court
Jenks, P. J.:
Plaintiff sued for slander and recovered a verdict at Trial Term for $500, which, when confronted with the alternative of a new trial, he stipulated to reduce to $100. Both parties appeal.
The proof is- sufficient to establish these facts: Plaintiff worked for the defendant’s firm in selling whisky on commission. He was authorized by defendant to represent to customers that the firm had Hermessy Three Star brandy for sale in bulk, to solicit orders therefor and to state to customers that decanters or bottles bearing the trade mark of the maker of that brandy would be furnished by…
2Cases cited7 opinions
- The Paquete HabanaSupreme Court of the United States · 1899
- Pollard v. LyonSupreme Court of the United States · 1876
- Hodgkins v. . MeadNew York Court of Appeals · 1890
- Brooker v. CoffinNew York Supreme Court · 1809
- Porter v. RummeryMassachusetts Supreme Judicial Court · 1813
2 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Swift v. Fairyland Park, Inc.Appellate Terms of the Supreme Court of New York · 1956
- Picone v. PiconeNew York Supreme Court · 1947
- Privitera v. Town of PhelpsAppellate Division of the Supreme Court of the State of New York · 1981
- Sytnyczenko v. Pearson, New York County Courts1958