Feely v. Vitagraph Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Vitagraph Company of America, from an order of the Supreme Court, made at the Rings County Special Term and entered in the office of the clerk of the county of Queens on the 24th day of July, 1918, overruling defendant’s demurrer to the amended complaint.
1Opinion of the Court
Kelly, J.:
The action is for libel, and the defendant demurs to the amended complaint upon the ground that it fails to state facts constituting a cause of action against the defendant. The defendant argues that it appears on the face of the complaint that the alleged libels therein set forth do not refer to the plaintiff, and that the plaintiff’s pleading shows that they could not refer to the plaintiff. It is true that plaintiff alleges that the matter complained of and set forth *528in the complaint was published of and concerning him (Code Civ. Proc. § 535), and by innuendo avers that the…
2Cases cited5 opinions
- O'Connell v. . Press Publishing Co.New York Court of Appeals · 1915
- Fleischmann v. . BennettNew York Court of Appeals · 1881
- Corr v. . Sun Printing Publishing Assn.New York Court of Appeals · 1904
- Van Heusen v. . ArgenteauNew York Court of Appeals · 1909
- Caldwell v. RaymondNew York Supreme Court · 1855
3Cited by5 opinions
- Watts-Wagner Co. v. General Motors CorporationDistrict Court, S.D. New York · 1945
- Kirkman v. Westchester Newspapers, Inc.Appellate Division of the Supreme Court of the State of New York · 1941
- Tower v. CrosbyNew York Supreme Court · 1925
- Cohn v. BrecherNew York Supreme Court · 1959
- Julius Schmid, Inc. v. YoungsAppellate Division of the Supreme Court of the State of New York · 1937