Legal Opinion

Kirkman v. Westchester Newspapers, Inc.

New York Court of Appeals

Decided January 22, 1942PublishedCited by 26 opinions

1Opinion of the CourtDesmond, J.

This opinion deals only with the first cause of action in the complaint. All of the judges concur in Judge Conway’s opinion in so far as it treats of the second to seventeenth causes of action, as to which causes of action Judge Conway’s opinion, is, therefore, the opinion of the whole court.

As to the first cause of action asserted by Kirkman, as president of the local union, the principal argument advanced against its sufficiency is that “ a plurality of persons * * * never has a joint or common interest in a cause of action for' libel.” Therefore, we are told, a cause of action for libel is…

2Cases cited6 opinions

  1. United Mine Workers v. Coronado Coal Co.Supreme Court of the United States · 1922
  2. Reporters' Ass'n of America v. Sun Printing & Publishing Ass'nNew York Court of Appeals · 1906
  3. Taylor v. . ChurchNew York Court of Appeals · 1853
  4. New York Society for the Suppression of Vice v. MacFadden Publications, Inc.New York Court of Appeals · 1932
  5. Adolf Philipp Co. v. New Yorker Staats-ZeitungAppellate Division of the Supreme Court of the State of New York · 1914

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

3Cited by26 opinions

  1. Martin v. CurranNew York Court of Appeals · 1951
  2. Petition of Petrol Shipping Corporation, as Owner of Tanker Atlantis, for an Order Directing the Kingdom of Greece, Ministry of Commerce, Purchase Directorate, to Proceed to ArbitrationCourt of Appeals for the Second Circuit · 1966
  3. Daniels v. Sanitarium Assn., Inc.California Supreme Court · 1963
  4. Neiman-Marcus v. LaitDistrict Court, S.D. New York · 1952
  5. Gillette v. AllenAppellate Division of the Supreme Court of the State of New York · 1945

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

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