Tobin v. Alfred M. Best Co.
Appellate Division of the Supreme Court of the State of New York
■ Appeal by the defendant, the-Alfred ML- Best Company, from an interlocutory 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 14th day off November, 1905, upon the decision of the court, rendered after a trial at the New York Special Term, overruling' the defendant’s demurrer to the complaint.
1Opinion of the Court
Per Curiam :
The complaint states a cause of action. It charges either directly or inferentially that the firm of Tobin & Tobin is. connected in business with and pursuing' the methods of one Anthony, who, according to the articles, has been notorious for years as a broker of bogus insurance; that he was once convicted for..selling “fake” policies and served a sentence in jail. The articles certainly have a tendency to injure. the business of the firm by charging that- the persons connected with it are not honest, and that the firm is doing a dishonest business. They are libelous yer se.…
2Cited by7 opinions
- Farrell v. Triangle Publications, Inc.Supreme Court of Pennsylvania · 1960
- Collier v. Postum Cereal Co.Appellate Division of the Supreme Court of the State of New York · 1912
- Stone v. Textile Examiners & Shrinkers Employers' Ass'nAppellate Division of the Supreme Court of the State of New York · 1910
- Rosado Rosado v. Fluor International, S.A.Supreme Court of Puerto Rico · 1959
- Kornblum v. Commercial Advertiser Ass'nAppellate Division of the Supreme Court of the State of New York · 1918
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