Fry v. . Bennett
New York Court of Appeals
Appeal from the Superior Court of the city of Hew York. The action was for libel. The case has been twice tried, and on both occasions before Chief Justice Oakley, in the Superior Court, The complaint set forth twelve causes of action, being so many separate libels, as claimed. One was demur-' red to and abandoned. To each of the others the answer set up a justification and mitigating circumstances. Special damages were not charged or claimed.
Read the full summary
Appeal from the Superior Court of the city of Hew York. The action was for libel. The case has been twice tried, and on both occasions before Chief Justice Oakley, in the Superior Court, The complaint set forth twelve causes of action, being so many separate libels, as claimed. One was demur-' red to and abandoned. To each of the others the answer set up a justification and mitigating circumstances. Special damages were not charged or claimed. The libels are alleged to.have been published of the plaintiff as manager of the Italian opera, represented at the Astor place opera house during the…
1Opinion of the CourtRosekrans, J.
The rule is well settled that, if a general verdict is rendered,'upon several counts in a complaint, some of which are good, and others state no cause of action, the judgment entered upon the verdict is erroneous. It is claimed by the defendant that within this rule, the judgment in this case should be reversed, for the reason that the 7th, 8th, 9th, 10th and llth counts in the complaint do not state a cause of action. -The meaning of the articles set out in the several counts is fully explained by the introductory matter and innuendoes stated in the complaint, and is to be. regarded as their…
2Cited by32 opinions
- B. & O. Railroad v. P. W. & Ky. RailroadWest Virginia Supreme Court · 1881
- In Re Estate of DolbeerCalifornia Supreme Court · 1908
- Reynolds v. PeglerDistrict Court, S.D. New York · 1954
- Paxton v. WoodwardMontana Supreme Court · 1904
- Cherry v. Des Moines LeaderSupreme Court of Iowa · 1901
27 more not listed; retrieve them via the Exa API.