Winchell v. Argus Co.
New York Supreme Court
Appeal from circuit court, Saratoga county. Action for libel by Alpheus Wincheh against the Argus Company. From a judgment dismissing the complaint, plaintiff appeals.
1Opinion of the CourtMayham, P. J.
This is an appeal from a judgment entered upon the order of the trial judge, dismissing the plaintiff’s complaint at the trial on the ground that it does not state facts sufficient" to constitute a cause of action. The action is for libel, and the complaint charged that the defendant published in the Argus, a newspaper printed in Albany, the following alleged libelous words, of and concerning him:
*651“ ‘A Lazy Brute Lives in Idleness, and Lets His Family Starve.
“ ‘Saratoga Springs, Feb. 19.
“ ‘E. D. Selden, superintendent of the Saratoga Humane Society, is investigating charges made against…
2Cases cited4 opinions
- More v. . BennettNew York Court of Appeals · 1872
- Cooper v. GreeleyCourt for the Trial of Impeachments and Correction of Errors · 1845
- Thomas v. CroswellNew York Supreme Court · 1810
- Purdy v. . the Rochester Printing Co.New York Court of Appeals · 1884
3Cited by6 opinions
- Continental Air Ticketing Agency, Inc. v. Empire International Travel, Inc.Appellate Division of the Supreme Court of the State of New York · 1976
- Feinstein v. KayeNew York Supreme Court · 1945
- Rider v. RulisonNew York Supreme Court · 1893
- D'Andrea v. New York Press Co.Appellate Division of the Supreme Court of the State of New York · 1901
- Howell v. Press Publishing Co.Appellate Division of the Supreme Court of the State of New York · 1900
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