W. C. Loftus & Co. v. Bennett
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, James Gordon Bennett, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 29th day of December, 1900, upon the verdict of a jury for $6,000, and also from an order entered in said clerk’s office on the 27th day of December, 1900, denying the defendant’s motion for a new trial made upon the minutes.
1Opinion of the Court
Patterson, J.:
The judgment in this action must be reversed for the improper allowance, under objection and exception of proof of special damage. The action was brought to recover damages for a libel contained in an issue of a newspaper of which the defendant was the proprietor. That the defamatory matter contained therein was libelous per se is clear. The plaintiff corporation was the proprietor of several stores, in which it conducted the business of clothiers in the city of New York and elsewhere; an attachment had been issued against it, and the sheriff had made a levy upon property in one…
2Cases cited9 opinions
- Bergmann v. . JonesNew York Court of Appeals · 1883
- Tobias v. HarlandNew York Supreme Court · 1830
- Hallock v. MillerNew York Supreme Court · 1848
- Linden v. GrahamThe Superior Court of New York City · 1853
- Dumont v. SmithNew York Supreme Court · 1847
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3Cited by2 opinions
- Mannix v. the Portland TelegramOregon Supreme Court · 1931
- Rembt v. Roehr Publishing Co.Appellate Division of the Supreme Court of the State of New York · 1902