Legal Opinion · Dissent

Van Heusen v. Argenteau

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

Decided March 13, 1908Published

Appeal by the defendant, De Mercy Argenteau, from a judgment of the'Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 8th day of November, 1907, upon the decision of the court, rendered after a trial at the New York Special Term, overruling the defendant’s demurrer to the complaint, upon the ground that it fails to state facts sufficient to constitute a cause of action.

1Dissent

Houghton, J. (dissenting) :

The defendant wrote a letter to a periodical called Field cmd Fancy, which the plaintiff alleges to have been libelous per se as to herself.

The published letter withinnuendo that the various charges referred to plaintiff is set forth in the complaint to which the defendant demurred, and is addressed to the editor of the periodical and relates to the disqualification of a dog because his hair was found to have been dyed, owned by the defendant and entered at a competitive dog show. After referring to a previous communication on the subject which exonerated the…

2Cases cited5 opinions

  1. Corr v. . Sun Printing Publishing Assn.New York Court of Appeals · 1904
  2. Weston v. . Commercial Advertiser Assn.New York Court of Appeals · 1906
  3. Nunnally v. Tribune Ass'nAppellate Division of the Supreme Court of the State of New York · 1906
  4. Hauptner v. WhiteAppellate Division of the Supreme Court of the State of New York · 1903
  5. Nunnally v. . Tribune AssociationNew York Court of Appeals · 1906

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API