Andrews v. Gardiner
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Champe S. Andrews, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of New York on the 6th day of March, 1915, upon the dismissal of the complaint, on the merits, by direction of the court at the close of the plaintiff’s case.
1Opinion of the Court
Laughlin, J.:
This is an action for libel. On a former trial the complaint was dismissed at the close of the plaintiff’s case on the theory that the rule of absolute privilege applied to the communication alleged to be libelous, and on appeal this court reversed the. judgment and granted a new trial (165 App. Div. 595). The case was brought to trial again, and after the impanelment of *631the jury and the opening, counsel for plaintiff offered in evidence a certified copy of the letter written hy the defendant, a copy of which is set forth in the complaint, and it was admitted that the signature…
2Cases cited6 opinions
- Youmans v. . SmithNew York Court of Appeals · 1897
- Ashcroft v. . HammondNew York Court of Appeals · 1910
- Gilbert v. PeopleCourt for the Trial of Impeachments and Correction of Errors · 1845
- Morton v. KnipeAppellate Division of the Supreme Court of the State of New York · 1908
- Woods v. . WimanNew York Court of Appeals · 1890
1 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Andrews v. . GardinerNew York Court of Appeals · 1918
- Andrews v. GardinerAppellate Division of the Supreme Court of the State of New York · 1915
- Andrews v. GardinerAppellate Division of the Supreme Court of the State of New York · 1916