Ertheiler v. Bernheim
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, James Ertheiler, from a judgment of the Supreme Court in favor of the defendants, entered in the office of the clerk of the county of New York on the 20th day of May, 1898, upon the dismissal of his complaint by direction of the court after a trial at the New York Trial Term upon the ground that it did not state facts sufficient to constitute a cause of action.
1Opinion of the Court
Ingraham, J.:
The action was for libel. The complaint was dismissed on the trial upon the ground that the words used by the defendants were not libelous per se. The complaint alleges two causes of action, based, upon two letters written by the defendants which are identical in form, except that they are addressed to two different firms. It is alleged that the defendants, being engaged as packers and importers of Havana tobacco in the city of New York, on November 14,1896, sent a letter to M. Foster & Co. of said city, a firm engaged in the business of manufacturing cigars in the city of New…
2Cases cited1 opinion
- More v. . BennettNew York Court of Appeals · 1872
3Cited by7 opinions
- Gail Davis v. Diana RossCourt of Appeals for the Second Circuit · 1985
- Church v. Tribune Ass'nAppellate Division of the Supreme Court of the State of New York · 1909
- Hollingsworth v. Spectator Co.Appellate Division of the Supreme Court of the State of New York · 1900
- Stokes v. Morning Journal Ass'nAppellate Division of the Supreme Court of the State of New York · 1902
- Busk v. Ezyindex Products Corp.New York Supreme Court · 1962
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