Morrison v. . Smith
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered May 26, 1903, affirming a judgment in favor of defendant entered upon a dismissal of the complaint by the court at a Trial Term. The nature of the action and the facts, so far as material, are stated in the opinion. The article complained of is susceptible of the meaning ascribed to it In the complaint, and is, therefore, libelous per se.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered May 26, 1903, affirming a judgment in favor of defendant entered upon a dismissal of the complaint by the court at a Trial Term. The nature of the action and the facts, so far as material, are stated in the opinion. The article complained of is susceptible of the meaning ascribed to it In the complaint, and is, therefore, libelous per se. (Gibson v. S. P. & P. Assn., 71 App. Div. 566 Sanderson v. Caldwell, 45 N. Y. 398; 18 Am. & Eng. Ency. of Law [2d ed.], 974, 990; Code Civ. Pro. §…
1Opinion of the CourtGray, J.
In this action, which is for libel, the complaint alleges that in the defendants’ magazine was printed the following advertisement: “ Illustrated new book. Up-to-date. The experience of a giddy typewriter girl in Hew York. Typewritten. GOOD is no name for it. Sent in plain wrappers, postpaid, on receipt of 25c. in silver or stamps. Dell Book Co., 119 Flournoy St., Chicago.” It was, then, alleged that “ accompanying these words and completing the advertisement was the picture of a young and comely woman, and this picture was a likeness of the plaintiff,” and that “ the meaning of this…
2Cases cited4 opinions
- Sanderson v. . CaldwellNew York Court of Appeals · 1871
- Morey v. Morning Journal Ass'nNew York Court of Appeals · 1890
- Root v. King & VerplanckNew York Supreme Court · 1827
- Brown v. Tribune Ass'nAppellate Division of the Supreme Court of the State of New York · 1902
3Cited by84 opinions
- Crump v. Beckley Newspapers, Inc.West Virginia Supreme Court · 1984
- Flake Ex Rel. Flake v. Greensboro News Co.Supreme Court of North Carolina · 1938
- Peck v. Tribune Co.Supreme Court of the United States · 1909
- Corrigan v. . Bobbs-Merrill Co.New York Court of Appeals · 1920
- Triggs v. Sun Printing & Publishing Ass'nNew York Court of Appeals · 1904
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