Legal Opinion · Dissent

Palmer v. Matthews

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

Decided July 1, 1898Published

Appeal by the plaintiff, Tyndale Palmer, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Erie on the 19th day of May, 1897, upon the verdict of a jury for six cents damages, and also from an order entered in said clerk’s office on the 24th day of May, 1897, denying the plaintiff’s motion for .a new trial made upon the minutes. . The defendants are the proprietors of a daily newspaper published in the city of…

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Appeal by the plaintiff, Tyndale Palmer, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Erie on the 19th day of May, 1897, upon the verdict of a jury for six cents damages, and also from an order entered in said clerk’s office on the 24th day of May, 1897, denying the plaintiff’s motion for .a new trial made upon the minutes. . The defendants are the proprietors of a daily newspaper published in the city of Buffalo, known as the Illusimated Buffalo Express, and, on the 2d day of October, 1892, they caused to be published…

1Dissent

Hardin, P. J. (dissenting):

In October, 1892, the defendants were the owners, proprietors .and publishers of a daily newspaper known as the Illustrated Buffalo Express, which was published in the city of Buffalo and had a large circulation there and in other parts of the State.

Plaintiff’s complaint alleges that on the 2d of October, 1892, the defendants published, in their said newspaper, a certain article “ in which the defendants did falsely, wickedly and maliciously publish, and cause and procure to be published, of and concerning the plaintiff, the false, scandalous and defamatory words or…

2Cases cited10 opinions

  1. Sanderson v. . CaldwellNew York Court of Appeals · 1871
  2. People Ex Rel. Phelps v. Court of Oyer & TerminerNew York Court of Appeals · 1881
  3. Tillotson v. CheethamNew York Supreme Court · 1808
  4. Gilman v. LowellNew York Supreme Court · 1832
  5. Hatfield v. . LasherNew York Court of Appeals · 1880

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