Palmer v. . Matthews
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered May 12, 1898, affirming a judgment entered upon a verdict, and an order denying a motion for a new trial. The nature of the action and the facts, so far as material, are stated in the opinion. The court erred in admitting evidence that other newspapers had published the same libel against the plaintiff.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered May 12, 1898, affirming a judgment entered upon a verdict, and an order denying a motion for a new trial. The nature of the action and the facts, so far as material, are stated in the opinion. The court erred in admitting evidence that other newspapers had published the same libel against the plaintiff. It also erred in admitting evidence that plaintiff had commenced suits against other publishers for their publication of the libel. (McCoy v. Crawford, 1 Tappan [Ohio], 277; Young…
1Opinion of the CourtMartin, J.
The action was for libel, and but two exceptions need be considered upon this appeal.
On the trial the defendants, under the objection and exception of the plaintiff, were permitted on the examination of the latter to prove that other newspapers throughout the country had published the libel complained of, and that he had commenced suits against others for their publication of it. This evidence was inadmissible. It is now too well settled to be questioned that the fact that others have published the same libel which was unknown to the defendant, when the publication complained of was made, or…
2Cases cited7 opinions
- Wilson v. FitchCalifornia Supreme Court · 1871
- Mattice v. . WilcoxNew York Court of Appeals · 1895
- Tillotson v. CheethamNew York Supreme Court · 1808
- Hatfield v. . LasherNew York Court of Appeals · 1880
- Palmer v. New York News Publishing Co.Appellate Division of the Supreme Court of the State of New York · 1898
2 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Pfister v. Milwaukee Free Press Co.Wisconsin Supreme Court · 1909
- Carpenter v. New York Evening Journal Publishing Co.Appellate Division of the Supreme Court of the State of New York · 1904
- Hagener v. Pulitzer Publishing Co.Missouri Court of Appeals · 1912
- Cohalan v. New York World-Telegram Corp.New York Supreme Court · 1939
- Goodrow v. Press Co.Appellate Division of the Supreme Court of the State of New York · 1931
1 more not listed; retrieve them via the Exa API.