S. S. McClure Co. v. Philipp
Court of Appeals for the Second Circuit
In Error to the Circuit Court of the United States for the Southern District of New York. On writ of error to the Circuit Court for the Southern District of New Yoi'k to review a judgment entered upon the verdict of a jury, in an action of libel, for $15,000 in favor of the plaintiff.
1Opinion of the Court
COXE, Circuit Judge.
The action is for libel. The article alleged to be libelous was published in the January, 1906, number of the defendant’s magazine. In brief, the article charges that the plaintiff, acting as president and manager of the Union Refrigerator Transit Company of Wisconsin, had received rebates, and other unlawful perquisites, in the form of “commissions” from the Chicago, Milwaukee & St. Paul Railroad Company at Milwaukee, Wis., where the plaintiff resides. The answer alleges justification, privilege and mitigation. After it had been discovered that the January article was, in…
2Cases cited4 opinions
- United States v. Milwaukee Refrigerator Transit Co.U.S. Circuit Court for the District of Eastern Wisconsin · 1905
- Sigafus v. PorterCourt of Appeals for the Second Circuit · 1898
- Chesley v. TompsonMassachusetts Supreme Judicial Court · 1884
- Sun Printing & Publishing Ass'n v. SchenckCourt of Appeals for the Second Circuit · 1900
3Cited by7 opinions
- Earl v. Times-Mirror Co.California Supreme Court · 1921
- Thorson v. Albert Lea Publishing Co.Supreme Court of Minnesota · 1933
- International Text-Book Co. v. Leader Printing Co.U.S. Circuit Court for the District of Northern Ohio · 1910
- Austro-American S. S. Co. v. ThomasCourt of Appeals for the Second Circuit · 1917
- Post Pub. Co. v. PeckCourt of Appeals for the First Circuit · 1912
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