Legal Opinion

MacCromac v. Tobey

Appellate Division of the Supreme Court of the State of New York

Decided December 15, 1905PublishedCited by 4 opinions

Appeal by the defendant, Arthur G. Tobey, from an order of ntered in the office of the clerk of the county of Hew York on the SOth day of October, 1905, denying the defendant’s motion to change the place of trial of the action from the county of New York to the county of Dutchess.

1Opinion of the Court

Ingraham, J.:

i

This action was brought against the defendant as owner and publisher of a newspaper called the Sunday Courier, published in Poughkeepsie, Dutchess county, N. Y., to recover damages for a libel. The complaint alleges that the newspaper was published in Poughkeepsie and that the said paper is of general circulation in that city and the vicinity. There is no allegation that there was a publication of the libel outside of the county of Dutchess.

W e held in Rogers v. Butler (11 App. Div. 613) and in Woolworth v. Kloclñ (92 id. 142) that an action for libel should be tried, in the…

2Cases cited1 opinion

  1. Bird v. LanphearAppellate Division of the Supreme Court of the State of New York · 1896

3Cited by4 opinions

  1. Rae v. Advance Publications, Inc.New York Supreme Court · 1969
  2. Konigsberg v. Long Island Daily Press Publishing Co.New York Supreme Court · 1968
  3. Condon v. SchwenkAppellate Division of the Supreme Court of the State of New York · 1960
  4. Police Benevolent Ass'n v. Post-Standard Co.Appellate Division of the Supreme Court of the State of New York · 1963

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