McNamara v. . Goldan
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered January 2, 1908, which affirmed a final judgment in favor of defendant, entered upon an order of Special Term, after the reversal by such Appellate Division of an interlocutory judgment of Special Term overruling a demurrer to the complaint.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered January 2, 1908, which affirmed a final judgment in favor of defendant, entered upon an order of Special Term, after the reversal by such Appellate Division of an interlocutory judgment of Special Term overruling a demurrer to the complaint. Plaintiff alleges that the defendant “ contriving and wickedly and maliciously intending to injure the plaintiff in his good name, fame and credit, and to bring him into public scandal, infamy and disgrace with and amongst all his neighbors and…
1Concurrence
The letter does not charge the person therein referred to with the commission of any crime defined by statute or known to the common law, nor of any act or conduct entitling the plaintiff to damages without proof of extrinsic facts. The only charge in the letter is that anonymous letters have been written and mailed to various persons. The words "vile practice" do not, so far as appears from the letter, refer to anything other than the fact of writing anonymously. It does not appear from the letter that the anonymous letters complained of were not in themselves entirely innocent; in fact it…
2Cases cited3 opinions
- Crashley v. . Press Publishing Co.New York Court of Appeals · 1904
- Huda v. . American Glucose Co.New York Court of Appeals · 1897
- Rahm v. N.Y. Central and Hudson River Railroad Co.New York Court of Appeals · 1909