Legal Opinion

Valentine v. Gonzalez

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

Decided January 16, 1920PublishedCited by 13 opinions

Appeal by the plaintiff, Lincoln G. Valentine, 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 12th day of November, 1919, vacating and annulling an order of arrest and directing the city chamberlain of the city of New York to pay to the defendant or his attorney the sum of $25,000 deposited by said defendant with the sheriff of the county of New York as a deposit instead of bail…

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Appeal by the plaintiff, Lincoln G. Valentine, 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 12th day of November, 1919, vacating and annulling an order of arrest and directing the city chamberlain of the city of New York to pay to the defendant or his attorney the sum of $25,000 deposited by said defendant with the sheriff of the county of New York as a deposit instead of bail fixed by said order of arrest.

1Opinion of the Court

Philbin, J.:

Appeal by plaintiff from an order granting a motion to vacate an order of arrest. The action is for libel and the charge is that on November 18, 1918, the defendant falsely and maliciously composed and published or caused to be published in the New York Herald and the New Orleans Picayune defamatory matter to the effect that plaintiff had prior to January 27, 1917, conspired with one Tinoco and others to foment a revolution and overthrow the constitutional government of Costa Rica. The learned Special Term vacated the order of arrest upon the ground that the defendant did not…

2Cases cited3 opinions

  1. Schoepflin v. . CoffeyNew York Court of Appeals · 1900
  2. Weston v. WestonAppellate Division of the Supreme Court of the State of New York · 1903
  3. Valentine v. GonzalezNew York Supreme Court · 1919

3Cited by13 opinions

  1. Kern v. HettingerCourt of Appeals for the Second Circuit · 1962
  2. Rand v. New York Times Co.Appellate Division of the Supreme Court of the State of New York · 1980
  3. McCurdy v. HughesNorth Dakota Supreme Court · 1933
  4. Kern v. HettingerCourt of Appeals for the Second Circuit · 1962
  5. Campo v. PaarAppellate Division of the Supreme Court of the State of New York · 1963

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