Legal Opinion

Soper v. Associated Press

Appellate Division of the Supreme Court of the State of New York

Decided November 14, 1906PublishedCited by 4 opinions

Appeal by the defendant, The Associated Press, from an inter- . locutory judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Erie on the 19th day of July, 1906, upon the decision of the court, rendered after a trial at the Erie Special Term, overruling the defendant’s demurrer' to the complaint.

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Appeal by the defendant, The Associated Press, from an inter- . locutory judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Erie on the 19th day of July, 1906, upon the decision of the court, rendered after a trial at the Erie Special Term, overruling the defendant’s demurrer' to the complaint. "The action is for libel, and' the complaint contains the usual allegations of malice, and alleges the publication by the defendant "of and concerning the plaintiff of the following article: “Detroit, Mich., Aug. 14.—Head Waiter Merrifield of…

1Opinion of the Court

Kruse, J.:

The defendant challenges the sufficiency of the complaint, contending that it fails to state facts sufficient to constitute a cause of action.' To raise that question the defendant demurred to the complaint upon that ground."' The demurrer was overruled, and the defendant appealed to this court."

' We think the demurrer was properly overruled for the reasons stated by Mr. Justice Keneeiok in his opinion, at Special Term, with which we fully agree. We desire to add a single suggestion and call attention to the reasoning and authority of a case in support thereof.

It is contended in…

2Cases cited5 opinions

  1. Fleischmann v. . BennettNew York Court of Appeals · 1881
  2. Sumner v. BuelNew York Supreme Court · 1815
  3. Nunnally v. New-Yorker Staats-ZeitungAppellate Division of the Supreme Court of the State of New York · 1906
  4. Nunnally v. . New Yorker StaatszeitungNew York Court of Appeals · 1906
  5. Soper v. ButlerAppellate Division of the Supreme Court of the State of New York · 1906

3Cited by4 opinions

  1. Adolf Philipp Co. v. New Yorker Staats-ZeitungAppellate Division of the Supreme Court of the State of New York · 1914
  2. Soper v. ButlerAppellate Division of the Supreme Court of the State of New York · 1906
  3. Van Heusen v. ArgenteauAppellate Division of the Supreme Court of the State of New York · 1908
  4. Quinn v. Sun Printing & Publishing Ass'nAppellate Division of the Supreme Court of the State of New York · 1908

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