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Samuels v. Evening Mail Association

Court of Appeals of the State of New York
Dec 10, 1878
75 N.Y. 604 (N.Y. 1878)

Summary

In Samuels v. Evening Mail Association (supra), DAVIS, P.J., dissenting from the opinion affirming the judgment at General Term, said: "The plaintiff in an action of libel gives evidence of malice whenever he proves the falsity of the libel.

Summary of this case from McMahon v. New York News Publishing Co.

Opinion

Argued March 19, 1878

Decided December 10, 1878

Robert Sewell for appellant.

Henry H. Anderson for respondent.


Agree to reverse order of General Term and affirm judgment on verdict on dissenting opinion of DAVIS, P.J., in court below.

All concur.

Order reversed and judgment accordingly.


Summaries of

Samuels v. Evening Mail Association

Court of Appeals of the State of New York
Dec 10, 1878
75 N.Y. 604 (N.Y. 1878)

In Samuels v. Evening Mail Association (supra), DAVIS, P.J., dissenting from the opinion affirming the judgment at General Term, said: "The plaintiff in an action of libel gives evidence of malice whenever he proves the falsity of the libel.

Summary of this case from McMahon v. New York News Publishing Co.
Case details for

Samuels v. Evening Mail Association

Case Details

Full title:SAMUEL SAMUELS, Respondent, v . THE EVENING MAIL ASSOCIATION, Appellant

Court:Court of Appeals of the State of New York

Date published: Dec 10, 1878

Citations

75 N.Y. 604 (N.Y. 1878)

Citing Cases

Warner v. P.P. Co.

But testimony was adduced on the part of the defendant, tending to prove the absence of actual malice on its…

Roginsky v. Richardson-Merrell, Inc.

Libel is apparently an exception to this general rule. See the leading case of Samuels v. Evening Mail Ass'n,…