Brown v. Mack
New York Supreme Court
1Opinion of the CourtWalsh, J.
Defendants move, pursuant to subdivision 5 of rule 106 of the Buies of Civil Practice, to dismiss the complaint in this libel action on the ground that it does not state facts sufficient to constitute a cause of action.
The alleged libel was published in the will of Christopher W. Brown, the deceased husband of the plaintiff. The defendants are Christopher F. Mack, as executor of the last will and testament of Christopher W. Brown, deceased, and Christopher F. Mack, individually. The following facts, admitted to be true for the purposes of this motion, are alleged in the complaint:
The…
2Cases cited26 opinions
- Youmans v. . SmithNew York Court of Appeals · 1897
- Marsh v. . EllsworthNew York Court of Appeals · 1872
- Moore v. Manufacturers' National Bank of TroyNew York Court of Appeals · 1890
- People Ex Rel. Bensky v. Warden of the City PrisonNew York Court of Appeals · 1932
- Mattice v. . WilcoxNew York Court of Appeals · 1895
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- Academy Award Products, Inc. v. Bulova Watch Co.District Court, S.D. New York · 1955
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