Schaller v. Miller

Appellate Division of the Supreme Court of New York

Schaller v. Miller

173 A.D. 998, 159 N.Y.S. 1140

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

DecidedMay 15, 1916

StatusPublished

Cited by3 cases

This text of 173 A.D. 998 (Schaller v. Miller) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Schaller v. Miller, 173 A.D. 998, 159 N.Y.S. 1140 (N.Y. Ct. App. 1916).

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Opinion

Plaintiff’s exceptions overruled, motion for new trial denied, with costs, and judgment directed for the defendant upon the nonsuit, with costs. Held, defendant by mailing to plaintiff the letter containing the alleged libelous matter did not thereby publish the same, unless he had reason to believe that plaintiff’s wife or some other person would open and read the letter before it reached plaintiff. Plaintiff gave no such proof and hence did not prove publication. (Rumney v. Worthley, 186 Mass. 144.) All concurred.

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Plaintiff’s exceptions overruled, motion for new trial denied, with costs, and judgment directed for the defendant upon the nonsuit, with costs. Held, defendant by mailing to plaintiff the letter containing the alleged libelous matter did not thereby publish the same, unless he had reason to believe that plaintiff’s wife or some other person would open and read the letter before it reached plaintiff. Plaintiff gave no such proof and hence did not prove publication. (Rumney v. Worthley, 186 Mass. 144.) All concurred.

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Bluebook (online)

173 A.D. 998, 159 N.Y.S. 1140, Counsel Stack Legal Research, https://law.counselstack.com/opinion/schaller-v-miller-nyappdiv-1916.

Opinion

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