Outcault v. New York Herald Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, the New York Herald 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 15th day of June, 1906, upon the decision of the court rendered after a trial at the .New York Special Term, overruling the defendant’s demurrer to the complaint made upon the grounds that the complaint fails to state facts sufficient tp constitute a cause of action. - ; ■
1Opinion of the Court
Clarke, J.:
The action is to recover damages for an alleged libel, and is brought " ■by the plaintiff on two alleged causes .of action predicated upon two articles published in the New York Herald. ■ The complaint-alleges that for more than ten years the.plaintiff was, and now is-" an artist an’d cartoonist, of national reputation for ingenuity and-skill in his profession-,.and was and -is the originator of the series of comic pictures entitled. “Buster Brown and his: dog Tige;” that tlig defendant maliciously composed and published -concerning. *535the plaintiff in his said profession the…
2Cases cited4 opinions
- Hemmens v. . NelsonNew York Court of Appeals · 1893
- Triggs v. Sun Printing & Publishing Ass'nNew York Court of Appeals · 1904
- Battersby v. CollierAppellate Division of the Supreme Court of the State of New York · 1898
- Beecher v. Press Publishing Co.Appellate Division of the Supreme Court of the State of New York · 1901
3Cited by4 opinions
- Pearson v. Fairbanks Publishing Co.Alaska Supreme Court · 1966
- Berg v. Printers' Ink Pub. Co.District Court, S.D. New York · 1943
- Pearlstein v. DraizinNew York Supreme Court · 1947
- Daily v. New York Herald Co.U.S. Circuit Court for the District of Southern New York · 1907