Morey v. Morning Journal Ass'n.
New York Supreme Court
Appeal from circuit court, Monroe county. The action is for alleged libel, founded upon the publication, October 20, 1884, by the defendant in its newspaper published in the city of Hew York, the following, to-wit: “Refuses to be Reconciled. A Rochester Society Belle Who Insists upon being Married. (Special to the Morning Journal.) Rochester, H. Y., October 19th.
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Appeal from circuit court, Monroe county. The action is for alleged libel, founded upon the publication, October 20, 1884, by the defendant in its newspaper published in the city of Hew York, the following, to-wit: “Refuses to be Reconciled. A Rochester Society Belle Who Insists upon being Married. (Special to the Morning Journal.) Rochester, H. Y., October 19th. Upper-tendom is highly excited over a threatened breach of promise suit against John E. Morey, Jr., a stockholder in the Union and Advertiser, and prominent in society circles. A prominent society belle will be plaintiff in the…
1Opinion of the CourtBradley, J.
The charge contained in the publication was treated by the allegations of the complaint, and by the proofs on the part of the plaintiff, as libelous per se. The defendant’s counsel, upon the ground that it was not so, moved to dismiss the complaint at the outset of the trial, and for a nonsuit at the close of the evidence on the part of the plaintiff, and took exceptions to the denial of the motions. It is quite apparent that a charge of the character of that in question against a married man would be an imputation not only of violation of his marital relation, but of a disregard by him of…
2Cases cited4 opinions
- Bush v. . ProsserNew York Court of Appeals · 1854
- Hatfield v. . LasherNew York Court of Appeals · 1880
- Willover v. . HillNew York Court of Appeals · 1878
- Caldwell v. RaymondNew York Supreme Court · 1855
3Cited by4 opinions
- Fenstermaker v. Tribune Publishing Co.Utah Supreme Court · 1895
- Griebel v. Rochester Printing Co.New York Supreme Court · 1891
- Ward v. DeaneNew York Supreme Court · 1890
- Clark v. AndersonSuperior Court of Buffalo · 1890