Hollingsworth v. Spectator Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, John E. Hollingsworth, from an interlocutory judgment of the Supreme Court in favor of the defendant, ■entered in the office of the clerk of the county of New York on the 16th day of May, 1899, upon the decision of the court rendered .after a trial at the New York Special Term, sustaining the defendant’s demurrer to the complaint upon the ground that it did not .state facts sufficient to constitute a cause of action. • The appeal was transferred from…
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Appeal by the plaintiff, John E. Hollingsworth, from an interlocutory judgment of the Supreme Court in favor of the defendant, ■entered in the office of the clerk of the county of New York on the 16th day of May, 1899, upon the decision of the court rendered .after a trial at the New York Special Term, sustaining the defendant’s demurrer to the complaint upon the ground that it did not .state facts sufficient to constitute a cause of action. • The appeal was transferred from the first department to the sec■ond department.
1Opinion of the Court
HIRSCHBERG, J.:
The action is for libel. The decision rests upon the ground that the words used are not libelous per se.
The complaint alleges in substance that the plaintiff is, and was at the time of the publication complained of, engaged in the city •of New York in the business of adviser in insurance matters for policyholders and for State insurance departments, and as an examiner for such departments; that the insurance departments of the • several States are accustomed to employ persons engaged in plaintiff’s business to examine the business and financial conditions of the various…
2Cases cited4 opinions
- Moore v. . FrancisNew York Court of Appeals · 1890
- Sanderson v. . CaldwellNew York Court of Appeals · 1871
- Ertheiler v. BernheimAppellate Division of the Supreme Court of the State of New York · 1899
- Labouisse v. Evening Post Publishing Co.Appellate Division of the Supreme Court of the State of New York · 1896
3Cited by8 opinions
- Wear-Ever Aluminum, Inc. v. TOWNECRAFT, ETC, INC.New Jersey Superior Court Appellate Division · 1962
- Williams v. WittNew Jersey Superior Court Appellate Division · 1967
- McCaskey v. KirchoffNew Jersey Superior Court Appellate Division · 1959
- FRANCIS v. HarrisNew Jersey Superior Court Appellate Division · 1968
- Deevy v. PorterNew Jersey Superior Court Appellate Division · 1952
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