Press Publishing Co. v. Star Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants,- The Star Company and The Morning Journal Association, from an order of the Supreme Court, made at the New York Special Term and entered in the office of the" clerk, of the county of New York on the 24th day of March, 1898, denying the motion of the said defendants to vacate an order ' theretofore made requiring the defendant' William R. Hearst, as president of the defendant The Star Company, and Charles M. Palmer, as treasurer of the defendant The…
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Appeal by the defendants,- The Star Company and The Morning Journal Association, from an order of the Supreme Court, made at the New York Special Term and entered in the office of the" clerk, of the county of New York on the 24th day of March, 1898, denying the motion of the said defendants to vacate an order ' theretofore made requiring the defendant' William R. Hearst, as president of the defendant The Star Company, and Charles M. Palmer, as treasurer of the defendant The Morning Journal Association, to appear before a referee for examination, and also to produce certain books and books of…
1Opinion of the Court
Per Curiam :
The important fact.in the case, and the one which must he proved by the plaintiff to entitle it to recover, is that the Star Company is not the publisher of the Morning Journal and Advertiser, but that that paper is published, in fact, by the Morning Journal Association, and that the arrangement between the Star Company and the Morning Journal Association is a collusive one to enable the Morning Journal Association fraudulently to control the privileges of membership of the Associated Press formerly held by the Star Company. The facts shown upon the application for an order for…
2Cases cited3 opinions
- Horst v. D. G. Yuengling Brewing Co.Appellate Division of the Supreme Court of the State of New York · 1896
- Presbrey v. Public Opinion Co.Appellate Division of the Supreme Court of the State of New York · 1896
- Drake v. Weinman & Co.New York Court of Common Pleas · 1895
3Cited by4 opinions
- Rosenbaum v. RiceNew York Supreme Court · 1901
- Boyle v. Consolidated Gas Co.New York Supreme Court · 1905
- McCoy v. Mutual Reserve Life Ins.City of New York Municipal Court · 1903
- Press Publishing Co. v. Associated PressNew York Supreme Court · 1899