Davis v. Kelly
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Albert J. Davis, 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 12th day of January, 1916, sustaining a demurrer to the first cause of action in the complaint.
1Opinion of the Court
Laüdhlin, J.:
The plaintiff in the first count of his complaint alleges a cause of action for slander, and in the second one for libel, for publishing in the New York Tribune the utterances complained of as slanderous, but with appropriate innuendoes charging that the words were used in a sense specified which would make them libelous per se. In Maerlender v. Porter (114 App. Div. *172180) and Hemmens v. Nelson (138 N. Y. 517), upon which respondent largely relies, there was no innuendo in the complaints ascribing a slanderous meaning to the words.
The article with the innuendoes in parentheses…
2Cases cited5 opinions
- Hemmens v. . NelsonNew York Court of Appeals · 1893
- Morrison v. . SmithNew York Court of Appeals · 1904
- Van Heusen v. . ArgenteauNew York Court of Appeals · 1909
- Willis v. Eclipse Manufacturing Co.Appellate Division of the Supreme Court of the State of New York · 1903
- Maerlender v. PorterAppellate Division of the Supreme Court of the State of New York · 1906
3Cited by1 opinion
- Tower v. CrosbyNew York Supreme Court · 1925