Union Refrigerator Transit Co. v. S. S. McClure Co.

U.S. Circuit Court for the District of Southern New York

Union Refrigerator Transit Co. v. S. S. McClure Co.

146 F. 623, 1906 U.S. App. LEXIS 4873

CourtU.S. Circuit Court for the District of Southern New York

DecidedJune 13, 1906

StatusPublished

This text of 146 F. 623 (Union Refrigerator Transit Co. v. S. S. McClure Co.) is published on Counsel Stack Legal Research, covering U.S. Circuit Court for the District of Southern New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Union Refrigerator Transit Co. v. S. S. McClure Co., 146 F. 623, 1906 U.S. App. LEXIS 4873 (circtsdny 1906).

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Opinion

HAZED, District Judge.

The authorities indicate that the plaintiff has a right to maintain this action without allegation of special damages. The context of the published article, read in its entirety, charges the commission of a crime and imputes wrongdoing in its trade, and is calculated to injuriously affect the commercial relations of the plaintiff. Assuming the truth of the latter statement, the cases seem to hold that a corporation may recover for pecuniary loss as a result of a libelous publication precisely as an individual could in a like situation.

The demurrer is overruled, with costs. Defendant may answer within twenty days.

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HAZED, District Judge.

The authorities indicate that the plaintiff has a right to maintain this action without allegation of special damages. The context of the published article, read in its entirety, charges the commission of a crime and imputes wrongdoing in its trade, and is calculated to injuriously affect the commercial relations of the plaintiff. Assuming the truth of the latter statement, the cases seem to hold that a corporation may recover for pecuniary loss as a result of a libelous publication precisely as an individual could in a like situation.

The demurrer is overruled, with costs. Defendant may answer within twenty days.

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Bluebook (online)

146 F. 623, 1906 U.S. App. LEXIS 4873, Counsel Stack Legal Research, https://law.counselstack.com/opinion/union-refrigerator-transit-co-v-s-s-mcclure-co-circtsdny-1906.