Adolf Philipp Co. v. New Yorker Staats-Zeitung
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, New Yorker Staats-Zeitung, 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 23d day of October, 1914, overruling its demurrer to the amended complaint and granting plaintiff’s motion for judgment on the pleadings. This is an action for libel. The plaintiff pleaded nine separate causes of action.
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Appeal by the defendant, New Yorker Staats-Zeitung, 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 23d day of October, 1914, overruling its demurrer to the amended complaint and granting plaintiff’s motion for judgment on the pleadings. This is an action for libel. The plaintiff pleaded nine separate causes of action. The defendant demurred to each on the ground that it fails to state facts sufficient to constitute a cause of action. It is alleged in each count of the complaint that the plaintiff…
1Opinion of the Court
Laughlin, J.:
All facts alleged, which are material to a discussion of the appeal, are stated in the statement of facts.
The first point to be decided is whether there is a sufficient allegation of special damages, for, if so, all counts of the complaint are good, and the demurrer was properly overruled. There is no allegation with respect to the amount that plaintiff was offered for the English rights for the production of the play, or with respect to the damages sustained by the withdrawal thereof. There is no allegation that any particular patron or patrons of the theatre, who otherwise…
2Cases cited21 opinions
- Moore v. . FrancisNew York Court of Appeals · 1890
- Marlin Fire Arms Co. v. . ShieldsNew York Court of Appeals · 1902
- Triggs v. Sun Printing & Publishing Ass'nNew York Court of Appeals · 1904
- Reporters' Ass'n of America v. Sun Printing & Publishing Ass'nNew York Court of Appeals · 1906
- Klinck v. . ColbyNew York Court of Appeals · 1871
16 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- Golden North Airways, Inc., a Corporation v. Tanana Publishing Company, Inc., a CorporationCourt of Appeals for the Ninth Circuit · 1955
- Kee v. Armstrong, Byrd & Co.Supreme Court of Oklahoma · 1919
- A. H. Belo & Co. v. LooneyTexas Supreme Court · 1922
- Hartmann v. WinchellNew York Court of Appeals · 1947
- Kirkman v. Westchester Newspapers, Inc.New York Court of Appeals · 1942
14 more not listed; retrieve them via the Exa API.