Funk v. Evening Post Publishing Co.
New York Supreme Court
Appeal from circuit court, New York county. Action by Isaac K. Funk against the Evening Post Publishing Company for libel. From a judgment entered on a verdict in favor of defendant, and from an order denying a motion for a new trial, plaintiff appeals. Affirmed.
1Opinion of the CourtVan Brunt, P. J.
This action was brought to recover damages for alleged libel; and the only question which is presented upon this appeal is as to the right of the appellant to a reversal upon the ground that he was entitled to a verdict for nominal damages, whereas the jury, although so instructed by the court, found a verdict for the defendant. It is claimed upon the part of the appellant that the rule seems to be beyond controversy, in every case in a court of record where the law entitled the plaintiff to nominal damages, such damages are a strict legal right, and. a verdict for defendant will be reversed.…
2Cases cited3 opinions
- Herrick v. StoverNew York Supreme Court · 1830
- Hyatt v. WoodNew York Supreme Court · 1808
- Moore v. New York Elevated RailroadNew York Court of Common Pleas · 1893
3Cited by12 opinions
- Tracy v. HacketIndiana Court of Appeals · 1898
- Wright v. Farm Journal, Inc.Court of Appeals for the Second Circuit · 1947
- Lynch v. New York Times Co.Appellate Division of the Supreme Court of the State of New York · 1916
- Von Schoech v. Herald News Co.Court of Appeals of Texas · 1922
- Peck v. Tribune Co.Court of Appeals for the Seventh Circuit · 1907
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