Garrison v. Star Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, The Star Company, 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 19th day of January, 1912, upon the decision of the court, rendered after a trial at the New York Special Term, overruling the defendant’s demurrer to the second amended complaint.
1Opinion of the Court
Dowling, J.:
The action is for a libel. A complaint similar to the one in question was before this court for consideration in Garrison v. Sun Printing & Pub. Assn. (144 App. Div. 428), and it was there held objectionable as combining allegations appropriate to two actions for damages, one by the husband and one by the wife, both based on the same publication; wherefore a motion to compel the plaintiff to separately state and number his causes of action was granted. This having been done, a demurrer was interposed to both causes of action set forth in the amended complaint. As to the first…
2Cases cited3 opinions
- Garrison v. Sun Printing & Publishing Ass'nNew York Supreme Court · 1911
- Garrison v. Sun Printing & Publishing Ass'nAppellate Division of the Supreme Court of the State of New York · 1911
- Garrison v. Sun Printing & Publishing Ass'nAppellate Division of the Supreme Court of the State of New York · 1912