Battersby v. Collier
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Peter F. Collier, 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 21th day of April, 1897, upon the verdict of a jury, and also from an order entered in said clerk’s office on the 20th day of April, 1897, denying the defendant’s motion for a new trial made upon the minutes.
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Appeal by the defendant, Peter F. Collier, 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 21th day of April, 1897, upon the verdict of a jury, and also from an order entered in said clerk’s office on the 20th day of April, 1897, denying the defendant’s motion for a new trial made upon the minutes. The complaint in the above-entitled action, which was brought to recover damages for an alleged libel, published in a newspaper called Once a Week, did not set forth the libelous article. It alleged among other…
1Opinion of the Court
Patterson, J.:
The plaintiff recovered a verdict in an action for libel, and from the judgment entered upon that verdict and from an order denying a motion for a new trial this appeal is taken. The matter of which the plaintiff complains as being libelous was contained in a story entitled, “ The Colonel’s Christmas,” and published in a newspaper of which the defendant was the proprietor and publisher. The story or article was written for the defendant, and the plaintiff alleges that, although put in the form of a fictitious tale, it had direct reference to him, and tended to disparage him in…
2Cited by7 opinions
- Battersby v. CollierAppellate Division of the Supreme Court of the State of New York · 1898
- Martin v. Press Publishing Co.Appellate Division of the Supreme Court of the State of New York · 1904
- Durante v. ContantiNew York Supreme Court · 1927
- Battersby v. CollierAppellate Division of the Supreme Court of the State of New York · 1898
- Cohen v. New York Times Co.New York Supreme Court · 1911
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