Preston v. Hobbs
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Eton S. Hobbs, 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 6th day of August, 1913, sustaining a demurrer to one of the separate defenses set up in the answer.
1Opinion of the Court
Hotchkiss, J.:. The complaint alleged that plaintiff " edited and controlled a publication known as the New York Produce News and that defendant was the proprietor and publisher of a similar paper called the Fruit Trade Journal and Produce Record, both of which papers circulated among persons engaged in the fruit trade, and that defendant had libeled plaintiff by publishing in his newpaper the article complained of.
The defense demurred to alleges that about one week previous to the publication of the alleged libel by defendant plaintiff had published a libelous article of and concerning one…
2Cases cited5 opinions
- Hemmens v. . NelsonNew York Court of Appeals · 1893
- Triggs v. Sun Printing & Publishing Ass'nNew York Court of Appeals · 1904
- Cassidy v. . Brooklyn Daily EagleNew York Court of Appeals · 1893
- Richardson v. NorthrupNew York Supreme Court · 1867
- Keller v. American Bottlers' Publishing Co.Appellate Division of the Supreme Court of the State of New York · 1910
3Cited by4 opinions
- Shenkman v. O'MalleyAppellate Division of the Supreme Court of the State of New York · 1956
- Mencher v. ChesleyNew York Supreme Court · 1948
- Krutech v. SchimmelNew York Supreme Court · 1966
- Preston v. HobbsAppellate Division of the Supreme Court of the State of New York · 1914