Collier v. Postum Cereal Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, the Postum Cereal Company, Limited, 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 15th day of December, 1910, upon the verdict of a jury for $50,000, and also from an order entered in said clerk’s office on the same day, as amended nunc pro tuno by an order entered on the 19th day of December, 1910, denying the defendant’s motion for a new trial made upon the…
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Appeal by the defendant, the Postum Cereal Company, Limited, 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 15th day of December, 1910, upon the verdict of a jury for $50,000, and also from an order entered in said clerk’s office on the same day, as amended nunc pro tuno by an order entered on the 19th day of December, 1910, denying the defendant’s motion for a new trial made upon the minutes.
1Opinion of the Court
Miller, J.:
The provoking article published by Collier's did not, as is said, make a general charge of fraudulent and deceptive advertising against the defendant. The charge was that the defendant by its methods of advertising was to its own injury causing its food products to be classed in the public mind with fraudulent and failing patent medicines. The specific charge was as follows:
“One widely circulated paragraph labors to produce the impression that ‘ Grape-Nuts ’ will obviate the necessity of an operation in appendicitis. This is lying, and, potentially, deadly lying. Similarly, ‘…
2Cited by4 opinions
- Collier v. Postum Cereal Co.Appellate Division of the Supreme Court of the State of New York · 1912
- Phifer v. FoeWyoming Supreme Court · 1968
- Guenther v. Ridgway Co.Appellate Division of the Supreme Court of the State of New York · 1919
- Guenther v. Ridgway Co.Appellate Division of the Supreme Court of the State of New York · 1915