Legal Opinion · Dissent

Triggs v. Sun Printing & Publishing Ass'n

Appellate Division of the Supreme Court of the State of New York

Decided February 15, 1904Published

Appeal by the defendant, the Sun Printing and Publishing Association, from an interlocutory judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the • county of New York on the 20th day of. October, 1903, upon the decision of the court, rendered after a trial at the New York Special Term, overruling the defendant’s demurrer to the plaintiff’s complaint.

1Dissent

Laughlin, J. (dissenting) :

By the demurrer it is admitted that the articles are false and that they were published maliciously as charged in the complaint. I am of opinion that the publications are libelous as maliciously ridiculing the plaintiff and holding him up to public derision and contempt, both in his private and professional life, and also upon the ground that they tend to injure him in his profession and calling.

In People v. Croswell (3 Johns. Cas. 353) libel is defined as “a censorious or ridiculing writing, picture, or sign, made with a mischievous and malicious intent towards…

2Cases cited10 opinions

  1. Morey v. Morning Journal Ass'nNew York Court of Appeals · 1890
  2. Steele v. SouthwickNew York Supreme Court · 1812
  3. Buckstaff v. ViallWisconsin Supreme Court · 1893
  4. Gates v. . New York Recorder Co.New York Court of Appeals · 1898
  5. McFadden v. Morning Journal Ass'nAppellate Division of the Supreme Court of the State of New York · 1898

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