Legal Opinion

Throckmorton v. Evening Post Publishing Co.

Appellate Division of the Supreme Court of the State of New York

Decided July 1, 1898PublishedCited by 8 opinions

Appeal by the plaintiff, Charles B. Throckmorton, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of New York on the 22d day of April, 1898, upon the verdict of a jury, and also from an order entered in said clerk’s office denying the plaintiff’s motion for a new trial made upon the minutes.

1Opinion of the Court

Van Brunt, P. J.:

This action was commenced to recover damages for alleged libels. In the complaint two causes of action were set up, one for a publi-eation on the Ith of January, 1895, and the other for a publication *397on the 15th of January, 1895. The case has been twice tried, and this is the second appeal to the Appellate Division. On the first trial, after the evidence was all in, the court dismissed the complaint as to the first cause of action upon the merits, but the case was sent to the jury upon the second cause of action, and the jury found a verdict for the plaintiff. After this…

2Cited by8 opinions

  1. Wright v. Farm Journal, Inc.Court of Appeals for the Second Circuit · 1947
  2. Lynch v. New York Times Co.Appellate Division of the Supreme Court of the State of New York · 1916
  3. Devine v. PostalAppellate Division of the Supreme Court of the State of New York · 1942
  4. Duncan v. PearsonCourt of Appeals for the Fourth Circuit · 1943
  5. Midland Linseed Products Co. v. ViallAppellate Division of the Supreme Court of the State of New York · 1925

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