de Festetics v. Sun Printing & Publishing Ass'n
New York Supreme Court
Demurrer to complaint.
1Opinion of the CourtLeventritt, J.
On a demurrer to the complaint for insufficiency the defendant claims that the article published was not necessarily libelous per se, and that, therefore, the plaintiff should have alleged special damage. The article of which the plaintiff complains referred to the arrest of her husband, Gyula de Festetics, on a charge of kidnapping, and contains this statement: “At one time he brought suit against his wife’s attorney for alienating her affections, and last October he brought a divorce suit, which has not been decided.” I do not find any ambiguity in this statement. The question is not…
2Cases cited2 opinions
- Turton v. New York Recorder Co.New York Court of Appeals · 1894
- Rivers v. New York Evening Journal Publishing Co.Appellate Division of the Supreme Court of the State of New York · 1907
3Cited by1 opinion
- Hinsdale v. Orange County Publications, Inc.New York Court of Appeals · 1966