Gray v. Baker — 47 N.Y. St. Rep. 375

Majority

p. 375

Leonora S. Gray, Resp’t, v. William T. Baker et al., App’lts

(Supreme Court, General Term, Second Department,

Filed July 22, 1892.)

Headnote

’ IilBEL—MaRBIED WOMBS.

An article charging that a married woman was detected by her husband in a room in a hotel with another man, having registered as husband and wife, and that the husband confronted them as they came out of the room in the morning, if false and maliciously published, tends to bring her into public scorn and disgrace, and is libelous.

Appeal from interlocutory judgment overruling demurrer to complaint.

H. F. & J. Coupe, for app’lts; D. J. Newland, for resp’t.

—The complaint states a good cause of action. The defendants published in their newspaper a charge that the plaintiff, when she was the wife of one Herbert, was detected by her husband in a room in a hotel with one Gray. That they had registered under an assumed name as husband and wife, and that Herbert confronted them when they came out of the room at the hotel in the morning. The article describes the plaintiff as a faithless spouse and as a guilty companion of Gray. It is too plain to need any authority that such language concerning a married woman, if false and maliciously published, tends to bring her into public scorn and disgrace; and this makes a libelous publication. Morey v. Morning Journal, 123 N. Y., 207 ; 33 St. Rep., 49 .

The interlocutory judgment overruling the demurrer with leave to answer is affirmed, with costs. Leave is, however, given upon

p. 376

payment of costs for the defendants to answer the complaint in twenty days after the decision is entered herein.

Dykman, J., concurs; Cullen, J., not sitting.