D'Altomonte v. New York Herald Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, the New York Herald Company, from an order of the Supreme Court,, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 14th day of March, 1912, overruling the defendant’s demurrer to the complaint.
1Opinion of the Court
Clarke, J.:
I agree with the opinion of Mr. Justice Scott except so much thereof as sustains the demurrer to the first cause of action upon the ground that the article complained of is not libelous. The complaint alleges that the plaintiff was and still is a member of the Italian nobility, being a baron by birth; that he was and still is a member of the Italian Geographical Society of Milan, and a member of American Geographical Society of New York; that at the time of said publication he was of good name, fame and credit and well and favorably known through-' out the world, having been…
2Cases cited2 opinions
- Triggs v. Sun Printing & Publishing Ass'nNew York Court of Appeals · 1904
- Holm v. HolmAppellate Division of the Supreme Court of the State of New York · 1911
3Cited by25 opinions
- Gautier v. Pro-Football, Inc.New York Court of Appeals · 1952
- Lahiri v. Daily Mirror, Inc.New York Supreme Court · 1937
- Koussevitzky v. Allen, Towne & Heath, Inc.New York Supreme Court · 1947
- Meeropol v. NizerDistrict Court, S.D. New York · 1974
- Ben-Oliel v. Press Publishing Co.New York Court of Appeals · 1929
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