Garrison v. Sun Printing & Publishing Ass'n
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, the Sun Printing and Publishing Association, from so much of an interlocutory judgment of the Supreme Court in part in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 29th day of November, 1911, upon the decision of the court rendered after a trial at the New York Special Term, as overrules the defendant’s demurrer to the second cause of action alleged in the second amended complaint.
1Opinion of the Court
Miller, J.:
The question involved in this appeal is whether a husband may maintain an action for damages for the physical illness of his wife due to mental anguish caused by the publication of words reflecting upon her character, which were libelous per se. The precise question does not appear to. have been decided in this State.. The appellant relies upon Wilson v. Goit (17 N. Y. 442), which decided that such an action could not be .maintained by the husband where the wolds complained of were not actionable in themselves. That decision was made upon the authority of Terwilliger v. Wands (17…
2Cases cited5 opinions
- Terwilliger v. . WandsNew York Court of Appeals · 1858
- Wilson v. . GoitNew York Court of Appeals · 1858
- Van Ingen v. Star Co.Appellate Division of the Supreme Court of the State of New York · 1896
- Brooks v. . HarisonNew York Court of Appeals · 1883
- Van Ingen v. . Star CompanyNew York Court of Appeals · 1898
3Cited by2 opinions
- Feinstein v. KayeNew York Supreme Court · 1945
- Garrison v. Star Co.Appellate Division of the Supreme Court of the State of New York · 1912