Legal Opinion

Corr v. . Sun Printing Publishing Assn.

New York Court of Appeals

Decided January 5, 1904PublishedCited by 37 opinions

Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered October 21,1902, which affirmed a judgment of Special Term sustaining a demurrer to the complaint.

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Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered October 21,1902, which affirmed a judgment of Special Term sustaining a demurrer to the complaint. The complaint alleges, in substance, that the- plaintiff is twenty-six years of age, unmarried, and a resident of the borough of Brooklyn, and was and is a teacher by occupation, employed in one of the public schools of that borough, and until the publication of the libel had always borne a good character and reputation. The complaint then sets up the incorporation of the defendant…

1Opinion of the CourtBabtlett, J.

The plaintiff seeks to recover damages for an alleged libel published in the defendant’s newspaper, known as The Sun, printed and published in the city of New York.

The defendant interposed a demurrer to the complaint on' the ground that it appears upon the face thereof it does not state facts sufficient to constitute a cause of action. The demurrer was sustained, with leave to the defendant to answer on terms which were not accepted, and the complaint was dismissed. The Appellate Division affirmed the final judgment duly entered.

The question involved in this appeal is the proper construction…

2Cases cited1 opinion

  1. Fleischmann v. . BennettNew York Court of Appeals · 1881

3Cited by37 opinions

  1. Julian v. American Business Consultants, Inc.New York Court of Appeals · 1956
  2. Drug Research Corp. v. Curtis Publishing Co.New York Court of Appeals · 1960
  3. Hays v. American Defense Society, Inc.New York Court of Appeals · 1929
  4. Marr v. PutnamOregon Supreme Court · 1952
  5. Katapodis v. Brooklyn Spectator, Inc.New York Court of Appeals · 1941

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