Nunnally v. New-Yorker Staats-Zeitung
Appellate Division of the Supreme Court of the State of New York
. Appeal by the defendant, the New-Yorker Staats-Zeitung, from an interlocutory judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 28th day of November, 1905, upon the decision of the court, rendered after a trial at the New York Special Term, overruling the defendant’s demurrer to the complaint.
1DissentIngraham, J.
I do not think that the libel in this case refers to any particular individual’ so as to entitle the plaintiff to maintain an action by *485merely alleging in the complaint, under section 535 of the Code of Civil Procedure, that the libel was published of and concerning her. The libel states the fact of the death of a theatrical agent' “ with symptoms which seem to indicate a case of poisoning; ” that “ In connection with this death the police are searching for ,a woman, who is said to reside somewhere on the upper East Side.” It is further stated that the deceased was said to have repeatedly…
2Cases cited1 opinion
- Hauptner v. WhiteAppellate Division of the Supreme Court of the State of New York · 1903