Legal Opinion

Nunnally v. Tribune Ass'n

Appellate Division of the Supreme Court of the State of New York

Decided March 9, 1906PublishedCited by 10 opinions

Appeal by the defendant, The Tribune Association^ from an interlocutory judgment of the Supreme Oourt in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 28th day of _ November, 1905, upon the decision of the court, rendered after a trial' at the New York Special Term, overruling the defendant’s demurrer to the complaint. <

1Opinion of the Court

Patterson, J.:

The defendant demurred to .the. complaint in an action to recover damages for libel; the demurrer was overruled and the defendant appeals. ' ■

The defendant is a publisher of a newspaper, and its issue of the 7th day of March, 1904, contained an article a,copyof which is annexed to and made part of the complaint, and it is therein stated that detectives were searching for a young woman to explain the . death of Leon Melles, twenty-eight years old, a theatrical agent, who died at his, home, 400 Manhattan avemie, after convulsions; that a doctor who attended Melles said he believed…

2Cases cited1 opinion

  1. Fleischmann v. . BennettNew York Court of Appeals · 1881

3Cited by10 opinions

  1. Nolan v. Standard Publishing Co.Montana Supreme Court · 1923
  2. Nunnally v. New-Yorker Staats-ZeitungAppellate Division of the Supreme Court of the State of New York · 1906
  3. Hernando Plantation Co. v. Slovak Press, Inc.Appellate Division of the Supreme Court of the State of New York · 1928
  4. Krumholz v. BafferNew York Supreme Court · 1949
  5. Van Heusen v. ArgenteauAppellate Division of the Supreme Court of the State of New York · 1908

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