Gibson v. Sun Printing & Publishing Ass'n
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, The Sun Printing and Publishing’Association, 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 20th day of February, 1902, upon the decision of the court, rendered after a trial at the New York Special Term, overruling a demurrer to the complaint.
1Opinion of the Court
Patterson, J.:
The defendant demurred to the complaint herein, which is framed as. one in an action to recover damages for an alleged libel, and the demurrer was overruled. It was interposed on the ground that the complaint does not state facts sufficient to constitute a cause of action, the specific claimed defect being that the publication of which the plaintiff coni plains related to him as a public officer; that at the time of the publication he had ceased to be such public officer; that the matter complained of was not libelous per se, and that the complaint was insufficient for the want…
2Cases cited3 opinions
- Moore v. . FrancisNew York Court of Appeals · 1890
- Fleischmann v. . BennettNew York Court of Appeals · 1881
- Ratzel v. New York News Publishing Co.Appellate Division of the Supreme Court of the State of New York · 1902
3Cited by5 opinions
- Barringer v. Sun Printing & Publishing Ass'nAppellate Division of the Supreme Court of the State of New York · 1914
- Maerlender v. PorterAppellate Division of the Supreme Court of the State of New York · 1906
- Siegel v. Sun Printing & Publishing Ass'nNew York Supreme Court · 1927
- Morrison v. SmithAppellate Division of the Supreme Court of the State of New York · 1903
- People v. MooreNew York Court of General Session of the Peace · 1921