From Casetext: Smarter Legal Research

Woolworth v. Klock

Appellate Division of the Supreme Court of New York, First Department
Mar 1, 1904
92 App. Div. 142 (N.Y. App. Div. 1904)

Opinion

March, 1904.

A.T. Clearwater, for the appellant.

Joseph B. Handy, for the respondent.

Present — VAN BRUNT, P.J., PATTERSON, INGRAHAM, HATCH and LAUGHLIN, JJ.


This action is brought to recover damages for the publication of a libel in defendant's newspaper, published at Kingston in the county of Ulster. The publication of the libel is admitted, and the answer, in all essential respects, is a plea in mitigation of damages, and such is the question which will be litigated upon the trial. The action is transitory in its nature, and there is no averment in the complaint that the libel was published in the city and county of New York. Whatever damages the plaintiff has sustained from this publication would seem to be limited to such as he has sustained in the locality in which the paper was published and circulated, and the witnesses upon such subject, save the plaintiff, are shown to reside there. Within the ruling of this court in Rogers v. Butler ( 71 App. Div. 613) the proper place for the trial of the action would seem to be the county of Ulster.

The order should, therefore, be reversed, with ten dollars costs and disbursements, and the motion granted.


Order reversed, with ten dollars costs and disbursements, and motion granted.


Summaries of

Woolworth v. Klock

Appellate Division of the Supreme Court of New York, First Department
Mar 1, 1904
92 App. Div. 142 (N.Y. App. Div. 1904)
Case details for

Woolworth v. Klock

Case Details

Full title:FRANK W. WOOLWORTH, Respondent, v . JAY E. KLOCK, Appellant

Court:Appellate Division of the Supreme Court of New York, First Department

Date published: Mar 1, 1904

Citations

92 App. Div. 142 (N.Y. App. Div. 1904)
86 N.Y.S. 1111

Citing Cases

Rae v. Advance Publications, Inc.

The court reasoned that the (p. 582): "plaintiff's damage, if any, can be more conveniently ascertained in…

Police Benevolent Ass'n v. Post-Standard Co.

The total net paid circulation of all editions of the newspaper dated February 22, 1962 was 96,677, of which…