O'Leary v. Hearst Magazines, Inc.

The defendant moves for judgment on the pleadings and admissions of fact and for a dismissal of the complaint upon the ground that the complaint does not state a cause of action.

The action is based upon an alleged libel. In 1935 a story written by a well-known author appeared in four consecutive monthly installments in the Hearst’s International-Cosmopolitan magazine under the title “ Hard To Get.” The hero of the story bore the name of “ Dan Solaire.” The plaintiff claims that he was the one intended by the author to be pictured as the fictional character, and bases such claim upon the fact…