Gallagher v. Bryant
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Felix J. Gallagher, from a judgment of the Supreme Court in favor of the defendants, entered in the office of the clerk of the county of Kings on the 23d day of June, 1899, upon the decision of the court, rendered after a trial at the Kings-County Special Term, sustaining their demuprer to the complaint on the ground that it does not state facts sufficient to constitute ¡a-cause of action, ánd also from an order entered in said clerk’s office on the…
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Appeal by the plaintiff, Felix J. Gallagher, from a judgment of the Supreme Court in favor of the defendants, entered in the office of the clerk of the county of Kings on the 23d day of June, 1899, upon the decision of the court, rendered after a trial at the Kings-County Special Term, sustaining their demuprer to the complaint on the ground that it does not state facts sufficient to constitute ¡a-cause of action, ánd also from an order entered in said clerk’s office on the 23d day of June, 1899, sustaining said demurrer.
1Opinion of the Court
Willard Bartlett, J.:
The sufficiency of the complaint in this action depends upon the question whether • the article ' concerning the plaintiff, which was published in the defendants’ newspaper, is fairly capable of being-regarded ás a libel or not.
The article relates chiefly to a charge that Roland B. Molineux,. who had been indicted for the murder of a Mrs. Adams, in the-county of New York, was also responsible for the killing of a man named Henry Barnet. Under the heading of “ Gallagher May Have Confessed; Startling Rumor from the District Attorney’s-Office; Was the Friend of Molineux,”…
2Cases cited5 opinions
- Moore v. . FrancisNew York Court of Appeals · 1890
- Dexter v. TaberNew York Supreme Court · 1815
- Ex parte BailyNew York Supreme Court · 1824
- Goodrich v. WoolcottNew York Supreme Court · 1824
- Garby v. BennettAppellate Division of the Supreme Court of the State of New York · 1899
3Cited by5 opinions
- Church v. New York Tribune Ass'n.New York Supreme Court · 1909
- D'Andrea v. New York Press Co.Appellate Division of the Supreme Court of the State of New York · 1901
- Morhous v. Plattsburgh Publishing Co.New York Supreme Court · 1954
- Gallagher v. BryantAppellate Division of the Supreme Court of the State of New York · 1899
- Lehmann v. Tribune Ass'nNew York Supreme Court · 1902