Legal Opinion

Winchell v. Argus Co.

New York Supreme Court

Decided May 9, 1893PublishedCited by 6 opinions

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

  1. More v. . BennettNew York Court of Appeals · 1872
  2. Cooper v. GreeleyCourt for the Trial of Impeachments and Correction of Errors · 1845
  3. Thomas v. CroswellNew York Supreme Court · 1810
  4. Purdy v. . the Rochester Printing Co.New York Court of Appeals · 1884

3Cited by6 opinions

  1. Continental Air Ticketing Agency, Inc. v. Empire International Travel, Inc.Appellate Division of the Supreme Court of the State of New York · 1976
  2. Feinstein v. KayeNew York Supreme Court · 1945
  3. Rider v. RulisonNew York Supreme Court · 1893
  4. D'Andrea v. New York Press Co.Appellate Division of the Supreme Court of the State of New York · 1901
  5. Howell v. Press Publishing Co.Appellate Division of the Supreme Court of the State of New York · 1900

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