Van Heusen v. . Argenteau
New York Court of Appeals
Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the first judicial department, entered March 13,1908, which affirmed an interlocutory judgment of Special Term overruling a demurrer to the complaint. The nature of the action, the facts, so far as material, and the questions certified are stated in the opinion.
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Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the first judicial department, entered March 13,1908, which affirmed an interlocutory judgment of Special Term overruling a demurrer to the complaint. The nature of the action, the facts, so far as material, and the questions certified are stated in the opinion. The complaint fails to state facts sufficient to constitute a cause of action, without an allegation of special damage, unless the publication complained of is libelous per se. (King v. S. P. & P. Co., 84 App. Div. 310 ; Langdon v. Shearer, 43 App.…
1Opinion of the Court
Cullen, Ch. J.
The action is for a libel contained in a letter written to a Hew York journal and published therein, which libel with the innuendoes is set forth in the complaint, as follows:
“ Editor of Field and Fancy :
“ The brief note under the heading ‘ Dyed Dogs and Doped Judges’ on May 4 signed ‘ Anon,’ while in one sense satisfactory, in this way, that it does me the justice to show that I had no knowledge of by whom or how my dog Chin Chino was dyed, it is now, however, as it seems to me, a question for the H. E. K. C. to answer, Who dyed the dog? a question that can be answered by…
2Cases cited3 opinions
- Fleischmann v. . BennettNew York Court of Appeals · 1881
- Corr v. . Sun Printing Publishing Assn.New York Court of Appeals · 1904
- Caldwell v. RaymondNew York Supreme Court · 1855
3Cited by18 opinions
- Hoeppner v. Dunkirk Printing Co.New York Court of Appeals · 1930
- Adolf Philipp Co. v. New Yorker Staats-ZeitungAppellate Division of the Supreme Court of the State of New York · 1914
- Tower v. CrosbyAppellate Division of the Supreme Court of the State of New York · 1925
- McDonald v. Press Publishing Co.Appellate Division of the Supreme Court of the State of New York · 1916
- Nolan v. Standard Publishing Co.Montana Supreme Court · 1923
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