Kornblum v. Commercial Advertiser Ass'n
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Commercial Advertiser Association, from an order of the Supreme Court, made at the Kings County Special Term and entered in the office of the clerk of the county of Kings on the 8th day of March, 1917, denying its motion for judgment on the pleadings consisting of a complaint, amended answer and the reply thereto.
1Opinion of the Court
Jenks, P. J.:
Plaintiffs complain for libel. After defendant had answered and plaintiffs had replied to the defendant’s fourth separate defense, the defendant moved at Special Term for judgment on the pleadings, and now appeals from the order that denies that motion.
The defendant contended at Special Term, and now contends, that the action does.not lie because the plaintiffs at the time of the alleged libel were doing business under the name of the Fort Greene Beef Company without having filed in the office of the county clerk a certificate setting forth the assumed name, properly acknowledged…
2Cases cited12 opinions
- Fowles v. . BowenNew York Court of Appeals · 1864
- Holmes v. ClisbySupreme Court of Georgia · 1903
- Wood v. . Erie Railway CompanyNew York Court of Appeals · 1878
- Tobias v. HarlandNew York Supreme Court · 1830
- Landon v. WatkinsSupreme Court of Minnesota · 1895
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3Cited by4 opinions
- Caruso v. Local Union No. 690 of International Brotherhood of TeamstersCourt of Appeals of Washington · 1982
- Shubert v. Variety, Inc.New York Supreme Court · 1926
- Diapulse Manufacturing Corp. of America v. Birtcher Corp.District Court, E.D. New York · 1963
- Simpson v. SteenDistrict Court, D. Utah · 1954