King v. Sun Printing & Publishing Ass'n
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Moses King, from an interlocutory judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of New York on the 9th day of April) 1903, upon the decision of the.court, rendered after a trial at the New York Special Term, sustaining the defendant’s , demurrer to the plaintiff’s complaint. ■
1Opinion of the Court
McLaughlin, J.:
This action was brought to recover damages for an alleged libel. The defendant demurred to the complaint upon the ground' that it did not state facts sufficient to constitute a cause of action. The demurrer was sustained and the plaintiff has appealed. The article complained of was published of and concerning the plaintiff and his business; and such facts, by proper innuendo, were sufficiently alleged in the complaint. The article, however, is not libelous jper *311se, "and, therefore, is not actionable unless the plaintiff has sustained,, by reason of its publication, some…
2Cases cited4 opinions
- Hallock v. MillerNew York Supreme Court · 1848
- Bassell v. . ElmoreNew York Court of Appeals · 1872
- Linden v. GrahamThe Superior Court of New York City · 1853
- Langdon v. ShearerAppellate Division of the Supreme Court of the State of New York · 1899
3Cited by13 opinions
- Reporters' Ass'n of America v. Sun Printing & Publishing Ass'nNew York Court of Appeals · 1906
- Erick Bowman Remedy Co. v. Jensen Salsbery Laboratories, Inc.Court of Appeals for the Eighth Circuit · 1926
- Hartmann v. WinchellNew York Court of Appeals · 1947
- Frawley Chemical Corp. v. A. P. Larson Co.Appellate Division of the Supreme Court of the State of New York · 1949
- Tower v. CrosbyAppellate Division of the Supreme Court of the State of New York · 1925
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