Barringer v. Sun Printing & Publishing Ass'n
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Sim 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 18th day of June, 1913, overruling its demurrer to the complaint interposed, upon the ground that it appears upon the face of the complaint that it does not state facts sufficient to constitute a cause of action.
Read the full summary
Appeal by the defendant, Sim 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 18th day of June, 1913, overruling its demurrer to the complaint interposed, upon the ground that it appears upon the face of the complaint that it does not state facts sufficient to constitute a cause of action. The plaintiff alleges that for more than eight consecutive years prior to the 30th day of June, 1910, he was principal of public school No. 39 in the city of New York; that…
1Opinion of the Court
Laughlin, J.:
The plaintiff further alleges that the facts stated in said publication with reference to him “were wholly false,” and that by said publication he was injured in his reputation and good name and credit as a public school principal, to his damage in the sum of $5,000, for which he demands judgment.
The difficulty with the complaint is that the article published is not susceptible of the innuendoes which the plaintiff ascribes thereto. It does not contain a single reference to the plaintiff by name, or as former principal of the school. There is no charge made in the article against…
2Cases cited6 opinions
- Morrison v. . SmithNew York Court of Appeals · 1904
- Fleischmann v. . BennettNew York Court of Appeals · 1881
- Hoey v. New York Times Co.Appellate Division of the Supreme Court of the State of New York · 1910
- Gibson v. Sun Printing & Publishing Ass'nAppellate Division of the Supreme Court of the State of New York · 1902
- Verbeck v. DuryeaNew York Supreme Court · 1901
1 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Hoeppner v. Dunkirk Printing Co.New York Court of Appeals · 1930
- Hays v. American Defense Society, Inc.New York Court of Appeals · 1929
- Siegel v. Sun Printing & Publishing Ass'nNew York Supreme Court · 1927