Husted v. A. P. Husted Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, A. P. Husted Company, from an order of the Supreme Court, made at the Westchester Special Term and entered in the office of the clerk of the county of Westchester on the 30th day of March, 1920, overruling the defendant’s demurrer to the amended complaint. Action to recover damages by reason of the publication and circulation of certain articles caused to have been written by defendant concerning plaintiff’s business,
1Opinion of the Court
Jenks, P. J.:
The learned counsel for the defendant moved as if the complaint was for a libel. I find no indication that such was the view of the learned Special Term. And I am of opinion that it was not necessary to construe the pleading thus. The complaint may be read as in an action on the case, though *494the words be not defamatory in their nature. (Morasse v. Brochu, 151 Mass. 574; J. A. & R. A. Reid v. Prov. Journal Co., 20 R. I. 120, 124.)
As the learned Special Term suggests, the defendant may well ask a bill of particulars, for special damages are pleaded. (Mussinan. v. Willner Wood Co.,…
2Cases cited4 opinions
- Morasse v. BrochuMassachusetts Supreme Judicial Court · 1890
- Mussinan v. Willner Wood Co.Appellate Division of the Supreme Court of the State of New York · 1902
- Post Express Printing Co. v. AdamsNew York Supreme Court · 1889
- Royle v. GoodwinAppellate Division of the Supreme Court of the State of New York · 1904
3Cited by4 opinions
- Frawley Chemical Corp. v. A. P. Larson Co.Appellate Division of the Supreme Court of the State of New York · 1949
- Campbell v. Cunningham Natural Gas Corp.New York Supreme Court · 1937
- Musso v. MillerAppellate Division of the Supreme Court of the State of New York · 1942
- Yerkey v. WrightSuperior Court of Delaware · 1944