Legal Opinion · Dissent

Morrison v. Smith

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

Decided May 15, 1903Published

Appeal by the plaintiff, Lillian Coleman Morrison, from a judgment of the Supreme Court in favor of the defendants, entered in the office of the clerk of the county of New York on the 19th day of December, 1902, upon the dismissal of the complaint by direction of the court after a trial at the New York Trial Term.

1Dissent

Laughlin, J. (dissenting):

I am of opinion that the alleged libelous advertisement is susceptible of the meaning ascribed to it in the innuendo. If the construction placed upon the published article by the innuendo be that it charges unchastity, still it is not clear that it would not be a question for the jury whether it was not so intended and understood. (See Mason v. Stratton, 1 N. Y. Supp. 511; Stafford v. Morning Journal Assn., 68 Hun, 467; 142 N. Y. 598; Gates v. New York Recorder Co., 155 id. 228; Ronnie v. Ryder, 8 N. Y. Supp. 5.) In Mason v. Stratton (supra), which was a libel case…

2Cases cited16 opinions

  1. Morey v. Morning Journal Ass'nNew York Court of Appeals · 1890
  2. Gabe v. McGinnisIndiana Supreme Court · 1879
  3. Schmisseur v. KreilichIllinois Supreme Court · 1879
  4. Buckstaff v. ViallWisconsin Supreme Court · 1893
  5. Stafford v. Morning Journal Ass'nNew York Court of Appeals · 1894

11 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API