Mecabe v. Jones
New York Court of Common Pleas
Exceptions taken at a trial term of this court ordered to be heard in the first instance at the general term. The facts are stated in the opinion.
1Opinion of the CourtBeach, J.
It appears from the evidence that the libelous article was printed in the Hew York Times, a newspaper published by a joint stock association, called The Hew York *223Times Publishing Association. The defendant is its secretary and treasurer, and also owns a majority of the shares of the stock ; but had no knowledge of or personal affinity with the publication complained of. He testified to occupying a controlling position by virtue of the number of shares owned by him, and perhaps a controlling influence as to the conduct and general management of the paper, if he chose to exercise it in that…
2Cases cited1 opinion
- Blackwel v. WiswallNew York Supreme Court · 1855
3Cited by2 opinions
- Smith v. UtleyWisconsin Supreme Court · 1896
- People ex rel. Carvalho v. Warden of City PrisonAppellate Division of the Supreme Court of the State of New York · 1911