Callahan v. Josef Israels II, & Doubleday, Doran & Co.

The complaint is in libel. On this motion to dismiss or, in the alternative, to strike out the allegations of para*296graphs “ third ” and/or “ fourth,” the facts alleged must be taken as true. The “ third ” paragraph sets forth the facts relied on to show the application of the defamatory matter to plaintiff. The “ fourth ” paragraph alleges the statements which plaintiff asserts constitute the libel. The libelous matter complained of was published concerning plaintiff by and through the representation of plaintiff in the character “ Ralph Halloran ” in defendants’ book. The defamation is…