Appellate Division of the Supreme Court of New York, 1914

Senior v. Sun Printing & Publishing Ass'n

Appellate Division of the Supreme Court of New York · Decided May 1, 1914

147 N.Y.S. 252 (New York Supplement)

Counsel

Sumner B. Stiles, of New York City, for appellant., James M. Beck, of New York City, for respondent.

Opinion of the Court

PER CURIAM.

We think, from a consideration of the publication and the innuendo, that the jury would be justified in finding that the publication was libelous per se, and therefore it was error to sustain the demurrer to the complaint.

It follows that the order appealed from must be reversed, with $10 costs and disbursements, and the motion granted, with $10 costs, with leave to the defendant to withdraw the demurrer and to answer,- on payment of said costs.

SCOTT and DOWLING, JJ., dissent.

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