Legal Opinion · Dissent

Day v. Chamber of Commerce of America

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

Decided November 3, 1933Published

1DissentFinch, P. J.

The judgment appealed from should be reversed and the complaint dismissed upon the ground the article complained of was substantially true, and hence not libelous. Upon the further ground also, that the publication was privileged.

Plaintiff sued for damages for an alleged libel claimed to have been contained in a letter reading^ as follows: “ Mr. Arthur M. Day, whose address is 29 West Kingsbridge Road, New York City, called on us some time ago in reference to employment with us. At that time he gave your name as reference and it has been sent to our bonding company.

“ We gave Mr. Day some…

2Cases cited2 opinions

  1. Robinson v. BattleAppellate Division of the Supreme Court of the State of New York · 1911
  2. Ginsberg v. Union Surety & Guaranty Co.Appellate Division of the Supreme Court of the State of New York · 1902

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