Devoy v. Irish World & American Industrial Liberator Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, Irish World and American Industrial Liberator Co., Inc., and another, 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 June, 1923, upon the verdict of a jury, and also from an order entered in said clerk’s office on the same day denying the defendants’ motion for a new trial made upon the minutes.
1Concurrence
Martin, J. (concurring):
I concur in the opinion of Mr. Justice Finch. I am also of opinion that the judgment should be reversed upon the additional ground that there was a failure to prove upon the trial that the alleged libel was published of and concerning the plaintiff. (Hauptner v. White, 81 App. Div. 153.)
Judgment and order reversed and new trial ordered, with costs to appellants to abide the event.
2Cases cited1 opinion
- Hauptner v. WhiteAppellate Division of the Supreme Court of the State of New York · 1903