Weston v. . Commercial Advertiser Assn.
New York Court of Appeals
Appeal, by permission, from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered January 30, 1906, which affirmed an interlocutory judgment of Special Term overruling a demurrer to the complaint. The following question was certified: “ Does the complaint state facts sufficient to constitute a cause of action ? ” The nature of the action and the facts, so far as material, are stated in the opinion.
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Appeal, by permission, from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered January 30, 1906, which affirmed an interlocutory judgment of Special Term overruling a demurrer to the complaint. The following question was certified: “ Does the complaint state facts sufficient to constitute a cause of action ? ” The nature of the action and the facts, so far as material, are stated in the opinion. When defamatory language is written or spoken of a certain set of men the same does not support an action for libel or slander by either one or all of…
1Opinion of the CourtHiscock, J.
This action was brought to recover damages for an article alleged to be libelous and to have been published by the defendant of and concerning the plaintiff as a coroner’s physician or deputy coroner of the city of ¡New York.'
The defendant by its demurrer urges the proposition that the article' published by it was not addressed to the plaintiff or to any particular individual, but was addressed to a course of conduct claimed to prevail in a public office; that the alleged defamatory words were written of a certain set or class of men and that plaintiff as an individual cannot maintain this…
2Cases cited1 opinion
- Bornmann v. . Star Co.New York Court of Appeals · 1903
3Cited by26 opinions
- Gross v. CantorNew York Court of Appeals · 1936
- Brady v. Ottaway Newspapers, Inc.Appellate Division of the Supreme Court of the State of New York · 1981
- Golden North Airways, Inc., a Corporation v. Tanana Publishing Company, Inc., a CorporationCourt of Appeals for the Ninth Circuit · 1955
- Neiman-Marcus v. LaitDistrict Court, S.D. New York · 1952
- Noral v. Hearst Publications, Inc.California Court of Appeal · 1940
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