Ross v. Macfadden Publications, Inc.

Motion by defendant to dismiss for legal insufficiency the fourth cause of action alleged in plaintiffs’ complaint wheréin the plaintiff Henry Ross charges defendant with libel.

The said plaintiff alleges therein that the defendant published in the March, 1940, issue of its publication, “ True Story Magazine,” a photograph of plaintiff’s wife, Evelyn, and his two children, Bernard and Grace Ross, in conjunction with an article on life insurance; the said article refers to the death of the husband of one “ Alice ” (not Evelyn), tells about her plans for school for young “ Herbert, Junior, and…