Dinkelspiel v. New York Evening Journal Publishing Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, the New York Evening Journal Publishing Company, 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 3d day of December, 1903, striking out as irrelevant and redundant certain portions of the defendant’s answer.
1Opinion of the Court
McLaughlin, J. :
Action to recover damages for an alleged libel. The article published purported to give an account of the testimony which the plaintiff gave as a witness in an action brought by one Israel for a *98divorce. , That portion of the article complained of reads as follows : “ Dinkelspiel also admits club expelled him for cheating at cards. * * * Were you expelled from a club in the upper part of this State for cheating at cards ? Yes, sir.”
The 1st paragraph of the first defense alleged that the defendant denied each and every allegation of the complaint except the allegation of its…
2Cases cited5 opinions
- Holmes v. . JonesNew York Court of Appeals · 1895
- Bradner v. . FaulknerNew York Court of Appeals · 1883
- Stieffel v. TolhurstAppellate Division of the Supreme Court of the State of New York · 1900
- South Dakota v. McChesneyNew York Supreme Court · 1895
- Hatch v. MatthewsNew York Supreme Court · 1895
3Cited by19 opinions
- Isaacs v. Washougal Clothing Co.Appellate Division of the Supreme Court of the State of New York · 1931
- Cohalan v. New York World-Telegram Corp.New York Supreme Court · 1939
- Noval v. HaugNew York Supreme Court · 1905
- Bingham v. GaynorAppellate Division of the Supreme Court of the State of New York · 1909
- Dalziel v. Press Publishing Co.New York Supreme Court · 1906
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