Keene v. Tribune Ass'n
New York Supreme Court
Appeal from special term, Kew York county. Action by Roswell W. Keene against the Tribune Association of the city of Kew York for libel. From an order directing judgment on a demurrer, and from an interlocutory judgment dismissing the complaint on demurrer, plaintiff appeals. Appeal from order dismissed. Apppeal from judgment affirmed. The article complained of is as follows: An enticing circular has recently been sent to many business men of the city.
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Appeal from special term, Kew York county. Action by Roswell W. Keene against the Tribune Association of the city of Kew York for libel. From an order directing judgment on a demurrer, and from an interlocutory judgment dismissing the complaint on demurrer, plaintiff appeals. Appeal from order dismissed. Apppeal from judgment affirmed. The article complained of is as follows: An enticing circular has recently been sent to many business men of the city. It begins with the announcement that “books for subscriptions to the capital stock of the Diamond Company, Limited, are opened,” and the…
1Opinion of the CourtVan Brunt, P. J.
The appeal from the order directing the interlocutory judgment must be dismissed, with $10 costs, there being no provision in the Code for any appeal from such an order. The appeal from the interlocutory judgment brings up the sufficiency of the plaintiff’s complaint It was an action to recover damages for an alleged libel. A demurrer was interposed, alleging as a ground that it appears upon the face of the complaint that it does not state facts sufficient to constitute a cause of action. Two grounds in support of said demurrer are urged. They are (1) that there is nothing libelous per se in…
2Cases cited3 opinions
- Moore v. . FrancisNew York Court of Appeals · 1890
- Kinney v. . NashNew York Court of Appeals · 1849
- Van Tassel v. CapronCourt for the Trial of Impeachments and Correction of Errors · 1845
3Cited by7 opinions
- Sweeney v. Schenectady Union Pub. Co.Court of Appeals for the Second Circuit · 1941
- Beecher v. Press Publishing Co.Appellate Division of the Supreme Court of the State of New York · 1901
- Potter v. New York Evening Journal Publishing Co.Appellate Division of the Supreme Court of the State of New York · 1902
- Thorner v. SamuelsNew York Supreme Court · 1923
- Beecher v. Press Publishing Co.Appellate Division of the Supreme Court of the State of New York · 1901
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