Soper v. Butler
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Harry G. Soper, from a judgment of the County Court of Erie county in favor of the defendant, entered in .the office of the clerk of the county of Erie on the 7th day of June, 1906, dismissing the complaint, and also from an order entered' in said clerk’s office on' the 15th day of June, 1906, denying the plaintiff’s motion for a new trial.made upon the minutes.
1Opinion of the Court
Kruse, J.:
The action is for libel. The alleged libelous article is-the same dispatch as that set forth in the action of the same plaintiff against the Associated Press, with the addition of a heading thereto and a statement appended to the dispatch.
Upon the trial the defendant made a motion to dismiss the complaint upon the ground that the complaint as amplified, by the bill of particulars does not state a cause of action, specifically claiming that it appears by the complaint and bill of particulars that the matter was not published of and concerning the plaintiff, and does not . relate to…
2Cases cited1 opinion
- Soper v. Associated PressAppellate Division of the Supreme Court of the State of New York · 1906
3Cited by2 opinions
- Soper v. Associated PressAppellate Division of the Supreme Court of the State of New York · 1906
- Soper v. ButlerAppellate Division of the Supreme Court of the State of New York · 1908