Reports of Cases Heard And Determined in the Appellate Division ..., volume 34
Reports of Cases Heard And Determined in the Appellate Division ..., volume 34
New York (State). Supreme Court. Appellate Division, Marcus Tullius Hun, Jerome B. Fisher, Austin B. Griffin
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It has been twice tried. Upon the first trial, the plaintiff had a verdict which, upon appeal, was reversed by this court. Upon the second trial, the complaint was dismissed before any evidence had been given, for the reason that the facts stated in it did not constitute a cause of action. The exception taken to that ruling was ordered to be heard in the first instance in this court, and the case now comes here upon a motion for a new trial made by the plaintiff upon the exception thus taken. T...he plaintiff in his complaint seeks to present his case in three Google Digitized by LjOOQ BATTERSBY v, COLLIER. 349 App. Div.] First Department, Novembeb Term, aspects, although he does not set out in form three causes of action ; but he claims that the facts stated by him are sufficient to show that a libel was published of him personally by holding him up to ridi- cule and contempt, and that the same publication is also a libel against him in his profession as an artist by malicious criticism of a picture produced by him.
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