Solomon v. Bennett
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, James Gordon Bennett, 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 10th day of December, 1900, upon the verdict of a jury for §2,500, and also from an order entered in said clerk’s office on the 7th day of December, 1900, denying the defendant’s motion for a new trial made upon the minutes.
1Opinion of the Court
McLaughlin, J. :
The action was brought to recover damages for an alleged libel upon the plaintiff, published in a newspaper belonging to the defendant. The alleged libelous article appeared in the newspaper on the 12th of October, 1896. This action was commenced on the 22d day of April, 1899. It was barred by the two years’ Statute of Limitations (Code Civ. Proc. § 384), unless that bar is removed by the fact that in June, 1898, the plaintiff brought an action in the United States Circuit Court to recover damages for the same libel, which action was dismissed on the ground that the court had…
2Cases cited1 opinion
- Mayor v. LordSupreme Court of the United States · 1870
3Cited by2 opinions
- Park & Pollard Co. v. Industrial Fire Insurance Co. of AkronAppellate Division of the Supreme Court of the State of New York · 1921
- Gaines v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1913