Caldwell v. Raymond
New York Supreme Court
Demurrer to a complaint. This was an action of libel, brought by Joseph W. Caldwell against Henry J. Kaymond, Fletcher Harper, Jr., and Edward B. Wesley, proprietors and publishers of the New York Daily Times. The article complained of was an ordinary advertisement of marriage which was as follows:— “Married: — Joseph W. Caldwell to Elizabeth Ehle, late of New York.”
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Demurrer to a complaint. This was an action of libel, brought by Joseph W. Caldwell against Henry J. Kaymond, Fletcher Harper, Jr., and Edward B. Wesley, proprietors and publishers of the New York Daily Times. The article complained of was an ordinary advertisement of marriage which was as follows:— “Married: — Joseph W. Caldwell to Elizabeth Ehle, late of New York.” To the original complaint in the action, the defendants demurred, on the ground that it did not state facts sufficient to constitute a cause of action. The plaintiff then served an amended complaint; which, after averring that…
1Opinion of the CourtJames, J.
On the argument of this demurrer the defendants’ counsel insisted that the publication set forth in the complaint had no injurious or defamatory meaning, and urged the following as the grounds why the complaint was insufficient and defective.
1. The extrinsic fact, by means of which the plaintiff seeks to show the words libelous, viz.: that Elizabeth Ehle was a public prostitute — should be distinctly and independently averred in the complaint, so that the defendants can traverse the allegation.
2. The complaint should have averred that the extrinsic fact relied on was known to the defendants…
2Cases cited1 opinion
- Stone v. CooperNew York Supreme Court · 1845
3Cited by7 opinions
- Van Heusen v. . ArgenteauNew York Court of Appeals · 1909
- Press Pub. Co. v. McDonaldCourt of Appeals for the Second Circuit · 1894
- Stewart v. WilsonSupreme Court of Minnesota · 1877
- Campbell v. Cunningham Natural Gas Corp.New York Supreme Court · 1937
- Feely v. Vitagraph Co.Appellate Division of the Supreme Court of the State of New York · 1918
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