Throckmorton v. Evening Post Publishing Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, The Evening Post Publishing Company, from so much of a judgment of the Supreme Court, bearing date the 13th day of October, 1S97, and entered in the office of the clerk of the county of New York upon the verdict of a jury, as directs that the plaintiff recover of the.defendant the sum of $1,000 and costs, and also from an order entered in said clerk’s office on the 22d day of October, 1897, denying the defendant’s motion for a new trial made upon the…
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Appeal by the defendant, The Evening Post Publishing Company, from so much of a judgment of the Supreme Court, bearing date the 13th day of October, 1S97, and entered in the office of the clerk of the county of New York upon the verdict of a jury, as directs that the plaintiff recover of the.defendant the sum of $1,000 and costs, and also from an order entered in said clerk’s office on the 22d day of October, 1897, denying the defendant’s motion for a new trial made upon the minutes. Two separate causes of action were set out in the complaint. The trial court dismissed the complaint upon the…
1Opinion of the Court
McLaughlin, J.:
This action was brought to réeover damages alleged to have been sustained by the plaintiff by the publication of two articles in a newspaper known as The, Evening Post, published by defendant in the city of New York. Two separate and distinct causes of action were set out in the complaint: (1) The publication on the 7th of January, 1895, in the editorial columns of The Evening Post, of the following.matter concerning the plaintiff: “He had not been connected with the supply' department of the regular: army, but with ■the pay department, and he had been tried and found guilty by…
2Cases cited1 opinion
- Bank of British North America v. DelafieldNew York Court of Appeals · 1891
3Cited by2 opinions
- Carpenter v. New York Evening Journal Publishing Co.Appellate Division of the Supreme Court of the State of New York · 1904
- Throckmorton v. Evening Post Pub. Co.Appellate Division of the Supreme Court of the State of New York · 1898