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44 A.D. 527

Gallagher v. Bryant

Appellate Division of the Supreme Court of the State of New York · decided 1899-11-15

Appeal by the plaintiff, Felix J. Gallagher, from a judgment of the Supreme Court in favor of the defendants, entered in the office of the clerk of the county of Kings on the 23d day of June, 1899, upon the decision of the court, rendered after a trial at the Kings-County Special Term, sustaining their demuprer to the complaint on the ground that it does not state facts sufficient to constitute ¡a-cause of action, ánd also from an order entered in said clerk’s office on the…

Decided 1899-11-15

Goodrich, P. J.

¶1(dissenting):

¶2I dissent, on the ground that I cannot discover anything in the article in question which, in the language of section 242 of the Penal Code, defining libel, exposes the plaintiff to hatred, contempt, ridicule or obloquy, or which causes, or tends to cause, any person to be shunned or avoided, or which has a tendency to injure any person, corporation or association of persons, in his or their, business or occupation.”

¶3The article, taken as a whole, does not impress my mind as charg-. ing the plaintiff with doing . anything offensive to good morals or within the definition cited.

¶4Interlocutory judgment reversed and judgment directed for plaintiff on demurrer, with costs, with leave to defendants to withdraw demurrer and serve answer within twenty days on payment of the costs of the demurrer and of this appeal. ■

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