Fleischmann v. . Bennett
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court, in the second judicial department, in favor of defendant, entered upon an order made December 13, 1880, which reversed ¡an interlocutory judgment in favor of plaintiff, entered upon an order overruling a demurrer to a portion of' the complaint. (Deported below, '23 Hun, 200.) This action was for libel.
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Appeal from judgment of the General Term of the Supreme Court, in the second judicial department, in favor of defendant, entered upon an order made December 13, 1880, which reversed ¡an interlocutory judgment in favor of plaintiff, entered upon an order overruling a demurrer to a portion of' the complaint. (Deported below, '23 Hun, 200.) This action was for libel. The complaint set forth six separate and distinct articles alleged to be libelous, and to have been published by defendant in the Hew York Ser aid, each of which was separately numbered. Defendant demurred to-the portions of the…
1Opinion of the CourtMille, J.
The complaint in this action sets forth as causes of action, separately, six distinct articles, published at six' different times. A demurrer is interposed to the first two causes of action, the articles set forth in which do not name the plaintiff. The alleged ground of demurrer, so far as these two causes of action are concerned, is that each one is self-contradictory, inasmuch as it alleges that the article stated was published of and concerning the plaintiff, while it elsewhere contradicts this averment by allegations which are entirely at variance and inconsistent with it.
The counsel for…
2Cases cited1 opinion
- Fry v. BennettThe Superior Court of New York City · 1851
3Cited by56 opinions
- Hoeppner v. Dunkirk Printing Co.New York Court of Appeals · 1930
- Cafferty v. . Southern Tier Publishing Co.New York Court of Appeals · 1919
- Drug Research Corp. v. Curtis Publishing Co.New York Court of Appeals · 1960
- Hays v. American Defense Society, Inc.New York Court of Appeals · 1929
- Marr v. PutnamOregon Supreme Court · 1952
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