Labouisse v. Evening Post Publishing Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Peter Labouisse, 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 24th day of April, 1896, upon the decision of the court rendered after a trial at the New York Special Term sustaining the defendant’s demurrer to the plaintiff’s complaint in an action brought to recover damages for an alleged libel.
1Opinion of the CourtPatterson, J.
The question we are called upon to decide is: Are the newspaper articles set forth in the complaint as defamatory of the plaintiff libelous jper se, and, therefore, presumptively false, entitling the plaintiff to recover without the allegation or proof of special damage ?
It is not claimed that the articles referred to affect the personal character of the plaintiff or are in disparagement of his general reputation, but it is claimed that being published concerning him in a matter relating to his profession or trade, they are in and of themselves libelous and actionable. The rule of law upon…
2Cited by4 opinions
- Hollingsworth v. Spectator Co.Appellate Division of the Supreme Court of the State of New York · 1900
- Thorner v. SamuelsNew York Supreme Court · 1923
- Bordoni v. Washington Post Co.District Court, S.D. New York · 1975
- Easton v. BuckAppellate Division of the Supreme Court of the State of New York · 1897