Lawrence v. Sun Printing & Publishing Ass'n
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, The Sun Printing and Publishing Association and another, from an interlocutory judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Hew York on the 26th day of February, 1909, upon the decision of the court rendered after a trial at the Hew York Special Term, overruling the defendants’ demurrer to the complaint on the ground that it does not state facts sufficient to constitute a cause of…
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Appeal by the defendants, The Sun Printing and Publishing Association and another, from an interlocutory judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Hew York on the 26th day of February, 1909, upon the decision of the court rendered after a trial at the Hew York Special Term, overruling the defendants’ demurrer to the complaint on the ground that it does not state facts sufficient to constitute a cause of action.
1Opinion of the Court
Laughlin,. J.:
This is an action to recover damages for án alleged libel. The complaint contains no allegation in form or substance as required by the provisions of section 535 of the Code of Civil Procedure, to the effect that the libelous matter was published concerning the plaintiff, nor does it contain any allegation in any manner tending to identify the plaintiff as the person therein referred to. The alleged libelous article was published under the heading “ Hews of the Theatres,” and it relates to a play known as “ The Best Man,” which it states is the same as the play known as “ The…
2Cases cited4 opinions
- Miller v. MaxwellNew York Supreme Court · 1836
- Hatcher v. . RocheleauNew York Court of Appeals · 1858
- Nunnally v. Tribune Ass'nAppellate Division of the Supreme Court of the State of New York · 1906
- Nunnally v. . Tribune AssociationNew York Court of Appeals · 1906