Wellman v. Sun Printing & Publishing Ass'n
New York Supreme Court
Action by George F. Wellman against the Sun Printing & Publishing Association to recover damages for an alleged libel published by defendant. From an order of the special term sustaining a demurrer to the complaint, and a judgment thereon dismissing it, plaintiff appeals. Affirmed.
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Action by George F. Wellman against the Sun Printing & Publishing Association to recover damages for an alleged libel published by defendant. From an order of the special term sustaining a demurrer to the complaint, and a judgment thereon dismissing it, plaintiff appeals. Affirmed. The complaint was as follows: “The plaintiff, in complaining against the defendant above named, and for his amended complaint herein, alleges for cause of action the following^ facts, to wit: (1) At the time and times hereinafter mentioned, as the plaintiff is informed and believes, the defendant was and now is a…
1Opinion of the CourtBarnard, P. J.
The complaint states that the libel in question charged that Sophia Wellman, the plaintiff’s wife, died under circumstances which aroused her husband’s suspicion that she had caused her own death by procuring a miscarriage upon her person. The article states that the plaintiff was a lawyer. The complaint states that the article was published to injure the plaintiff. No cause of action is stated in favor of the plaintiff. The injurious publication solely affects the deceased lady, and is a personal wrong which died with her. Cregin v. Railroad Co., 75 N. Y. 192.
There is an allegation that the…
2Cases cited2 opinions
- Cregin v. . Brooklyn Crosstown Railroad Co.New York Court of Appeals · 1878
- Fleischmann v. . BennettNew York Court of Appeals · 1881
3Cited by19 opinions
- Renfro Drug Co. v. LawsonTexas Supreme Court · 1942
- Kelly v. Johnson Publishing Co.California Court of Appeal · 1958
- Merrill v. Post Publishing Co.Massachusetts Supreme Judicial Court · 1908
- Rose v. Daily Mirror, Inc.New York Court of Appeals · 1940
- Bradt v. New Nonpareil Co.Supreme Court of Iowa · 1899
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