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Sarasohn v. Workingmen's Publishing Ass'n

52 A.D. 630 Court N.Y. App. Div. English

Delivered by Beekman, J.:

Contents

Majority

p. 630
Kasryel H. Sarasohn, Respondent, v. Workingmen’s Publishing Association and Others, Appellants.

Headnote

Judgment affirmed, with costs, on the opinion of the court below, with leave • to defendant to withdraw demurrer and answer over on payment of costs in this court and in the court below. Present—Van Brunt, P. J., O’Brien, Ingraham, McLaughlin and Hatch, JJ. The following is the opinion of the court below:

The libel in this case is disgusting and offensive in the extreme, and the rule which requires the justification to be as broad as the charge should be unhesitatingly applied to the matter set up byway of justification in the defense demurred to. Iam of the opinion that the defense is insufficient upon its face, and that the demurrer thereto should be sustained. Demurrer sustained, with costs, with the usual leave to defendant to amend on payment of costs.