Baker v. McClellan

This is an action for libel. The complaint states that the plaintiff is a lawyer; that the defendant, McClellan, was the owner and proprietor of a printing ■establishment; that James T. Lane was the editor and proprietor of the Westchester Independent, a weekly newspaper, circulating in the county of Westchester, and which was published and printed by the defendant, McClellan, at Lis printing establishment in Mount Vernon, Westchester -county. That the defendant, Lane, maliciously composed, for publication, and delivered to the defendant, McClellan, for publication, and that the defendant, McClellan, maliciously printed and published in the Westchester Independent, a certain libelous article concerning the plaintiff, containing the defamatory matter which is set out in the complaint, which is plainly libelous. The defendant, McClellan, ■demurred to the complaint on the ground that there was a defect of parties defendant, and that there were no allegations in the complaint under which the defendant demur-Ting could be held answerable to the plaintiff for any cause therein set forth; and also, that causes of action stated in the complaint, were improperly united. As has been already ■stated, the complaint alleges the composition of a libelous .article by the defendant, Lane, and its publication in a newspaper by the defendant, McClellan.

This allegation is sufficient to charge them both as the publishers of the libelous article. The judgment overruling the demurrer should, therefore, be affirmed, with costs.

Pratt, J., concurs; Barnard, P.J., not sitting.