Halsey v. New York Society for the Suppression of Vice
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, The New York Society for the Suppression of Vice, 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 25th day of April, 1919, upon the verdict of a jury, and also from an order entered in said clerk’s office on the 29th day of April, 1919, denying defendant’s motion for a new trial made upon the minutes.
1Opinion of the Court
Philbin, J.:
The plaintiff was arrested upon a complaint made by an agent of the defendant charging a violation of section 1141 of the Penal Law, in that he sold to said agent a book which was, in the language of the statute, obscene, lewd, lascivious, filthy indecent and disgusting. The plaintiff was tried and acquitted in the Court of Special Sessions and has brought this action for malicious prosecution.
Plaintiff claimed the book was well recognized as a standard literary work which had been on the market for a number of years, sold by many of the leading booksellers throughout the country;…
2Cases cited6 opinions
- Burt v. . SmithNew York Court of Appeals · 1905
- Ball v. RawlesCalifornia Supreme Court · 1892
- Heyne v. . BlairNew York Court of Appeals · 1875
- Anderson v. . HowNew York Court of Appeals · 1889
- Bulkeley v. . KeteltasNew York Court of Appeals · 1852
1 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Halsey v. New York Society for the Suppression of ViceNew York Court of Appeals · 1922