Devoy v. Irish World & American Industrial Liberator Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, Irish World and American Industrial Liberator Co., Inc., and another, 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 15th day of June, 1923, upon the verdict of a jury, and also from an order entered in said clerk’s office on the same day denying the defendants’ motion for a new trial made upon the minutes.
1Opinion of the Court
Finch, J.:
The complaint charged the defendants with the publication of a newspaper containing a libelous article concerning the plaintiff. Said article was libelous per se. The answer admitted the publication of the article, but otherwise denied the allegations of the complaint, and as defenses set up the truth in justification, privilege and facts in mitigation of damage. The plaintiff introduced in evidence the article complained of, read it to the jury, and rested. Defendants’ counsel then moved to dismiss the complaint upon the ground that no cause of action had been established, which…
2Cases cited5 opinions
- Crane v. . BennettNew York Court of Appeals · 1904
- Amory v. VreelandAppellate Division of the Supreme Court of the State of New York · 1908
- Carpenter v. New York Evening Journal Publishing Co.Appellate Division of the Supreme Court of the State of New York · 1906
- Cohalan v. . New York Press Co.New York Court of Appeals · 1914
- Swift v. PooleAppellate Division of the Supreme Court of the State of New York · 1916
3Cited by6 opinions
- Frechette v. Special Magazines, Inc.Appellate Division of the Supreme Court of the State of New York · 1954
- Hotel & Restaurant Employees & Bartenders' Internat'l Union v. Julie's RestaurantIndiana Court of Appeals · 1968
- Zeffiro v. PorfidoAppellate Division of the Supreme Court of the State of New York · 1942
- Van v. ClayburnAppellate Division of the Supreme Court of the State of New York · 1964
- Peerless Casualty Co. v. BordiAppellate Division of the Supreme Court of the State of New York · 1958
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