Duncan v. the Record Publishing Co.

(dissenting) : In my opinion, this appeal turns largely, if not entirely, upon the correctness of the legal conclusion, announced in the opinion of Mr. Justice Marion, that the publication in question, taken in connection, with certain extrinsic facts alleged in the complaint and established beyond controversy by the evidence, ■is susceptible of a defamatory imputation against the plaintiff, Mr. Duncan. In the opinion of Mr. Justice Marion, it is said:

“In the view that the publication itself disclosed the occasion, and contained all the facts relevant to the matter published, the validity of…