King v. Sun Printing & Publishing Ass'n
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Moses King, 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 9th day of April) 1903, 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. ■
1Dissent
Laughlin, J. (dissenting):
I dissent, on the ground that the article is libelous p&r se, and that it is also susceptible of the meaning ascribed to it in the innuendo; *312and I think the innuendo does not limit the plaintiff in his. claims, for the reasons stated in my dissenting opinion in the ease of Morrison v. Smith (83 App. Div. 206).
Judgment affirmed, with costs, with leave to the plaintiff to amend on payment of costs in this court and in the court below.
2Cases cited1 opinion
- Morrison v. SmithAppellate Division of the Supreme Court of the State of New York · 1903