Moore v. Manufacturers' National Bank of Troy
New York Court of Appeals
Appeal from judgment of the General Term df the Supreme 'Court in the third judicial -department, entered upon an order made February 7, 1889, which affirmed a judgment in favor ■of plaintiff entered upon a verdict and affirmed an order ■denying a motion for.a new trial. _ The nature of the action and the facts, so far as material, .are stated in the opinion.
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Appeal from judgment of the General Term df the Supreme 'Court in the third judicial -department, entered upon an order made February 7, 1889, which affirmed a judgment in favor ■of plaintiff entered upon a verdict and affirmed an order ■denying a motion for.a new trial. _ The nature of the action and the facts, so far as material, .are stated in the opinion. The court erred in submitting :to .the jury the question whether the defendants had proved -certain facts alleged in the answer in mitigation of damages when no proof whatever had been given or offered by the defendants to sustain such…
1Opinion of the CourtAndrews, J.
This is an action for libel. On the trial the plaintiff recovered a small verdict. He appealed to the General Term from the judgment in his own favor, on the ground that the trial judge admitted improper evidence offered by the defendant, and also that he erroneously submitted to the jury the question whether certain facts alleged in the answer of the defendant, in mitigation of damages, existed, although there was an absence of any proof to sustain such allegations. It is claimed that, by reason of these errors, the plaintiff was prejudiced in respect of the award of damages.
There is, we…
2Cases cited6 opinions
- Marsh v. . EllsworthNew York Court of Appeals · 1872
- Hastings v. LuskCourt for the Trial of Impeachments and Correction of Errors · 1839
- Rice v. CoolidgeMassachusetts Supreme Judicial Court · 1876
- Gilbert v. PeopleCourt for the Trial of Impeachments and Correction of Errors · 1845
- Ring v. WheelerNew York Supreme Court · 1827
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- Andrews v. . GardinerNew York Court of Appeals · 1918
- Hemmens v. . NelsonNew York Court of Appeals · 1893
- Myers v. HodgesSupreme Court of Florida · 1907
- O'BARR v. FeistSupreme Court of Alabama · 1974
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