Legal Opinion

Russo v. Howard

New York Supreme Court

Decided May 24, 1926PublishedCited by 1 opinion

1Opinion of the CourtRodenbeck, J.

This is a motion to strike out the second defense as irrelevant, redundant, frivolous and impertinent. The action is for libel in maliciously procuring the publication of words calling the members of an organization, known as the “ Damned Souls,” “ intellectual morons suffering from precocious senility ” and by innuendo, it is claimed, attributing to them the character of certain notorious youths who have heretofore been convicted of murder. The plaintiff is not directly named in the article and the degeneracy of the persons mentioned was not directly charged to the organization or to the…

2Cases cited8 opinions

  1. Hatch v. MatthewsNew York Supreme Court · 1895
  2. Stokes v. Star Co.Appellate Division of the Supreme Court of the State of New York · 1902
  3. Rockwell v. DayAppellate Division of the Supreme Court of the State of New York · 1903
  4. Burnham v. FranklinNew York Supreme Court · 1904
  5. Dalziel v. Press Publishing Co.New York Supreme Court · 1906

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3Cited by1 opinion

  1. Fingerhut v. WeinerCity of New York Municipal Court · 1933

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