New York Supreme Court, 1895

Hussey v. New York Recorder Co.

Hussey v. New York Recorder Co.
New York Supreme Court · Decided July 26, 1895 · Pratt
35 N.Y.S. 49; 96 N.Y. Sup. Ct. 609; 69 N.Y. St. Rep. 441; 89 Hun 609 (New York Supplement)

Counsel

Burnett, Stayton & Hagen, for appellant., Wm. M. Benedict, for respondent.

Hussey v. New York Recorder Co.

Opinion of the Court

PRATT, J.

I entertain no doubt of the propriety of the action of the learned trial judge in overruling this demurrer. The case of Moore v. Francis, 121 N. Y. 199, 23 N. E. 1127, so much relied on by appellant, is an authority against it. We think the complaint states a plain cause of action for libel. We fail to find in the opinion in that case the words apparently quoted in defendant’s points. Judgment affirmed, with costs, with leave to defendant to answer within 20 days, on payment of costs. All concur.

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