Legal Opinion

Moyle v. Franz

Appellate Division of the Supreme Court of the State of New York

Decided March 6, 1944No. Appeal No. 1PublishedCited by 6 opinions

1Per curiam

Upon a prior appeal in this libel action this court affirmed an order denying a motion to. dismiss the complaint under rule 106 of the Rules of Civil Practice. (Moyle v. Rutherford, 261 App. Div. 968.)

The action is predicated upon the publication by defendants in The Watchtoiver, a semi-monthly magazine, of two defamatory articles concerning the plaintiff. At the close of the case a motion to dismiss the second cause of action as against the individual defendants was granted upon the ground that they were not shown to have been connected with the publication of the article “ Snares.” The jury…

2Cases cited3 opinions

  1. Pecue v. . WestNew York Court of Appeals · 1922
  2. Murray v. BrancatoNew York Court of Appeals · 1943
  3. Moyle v. RutherfordAppellate Division of the Supreme Court of the State of New York · 1941

3Cited by6 opinions

  1. Collins v. BrownDistrict Court, District of Columbia · 1967
  2. Gilligan v. KingNew York Supreme Court · 1965
  3. Rector, Church Wardens & Vestrymen of Church of Holy Trinity v. MelishNew York Supreme Court · 1949
  4. Anonymous v. Health Insurance PlanNew York Supreme Court · 1958
  5. Frazier v. Society of Stage Directors & Choreographers, Inc.Appellate Division of the Supreme Court of the State of New York · 1997

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