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Hussey v. New York Recorder Co.

96 N.Y. Sup. Ct. 609 Court N.Y. Gen. Term English

Judges Brown, P. J., and Dykman, J., concurred.

Delivered by Pratt, J.:

Contents

Majority

p. 609
Jane Hussey, Respondent, v. The New York Recorder Company, Appellant.

Headnote

Judgment affirmed,with costs,with leave to defendant to answer in twenty days on payment of costs.

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 ), 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 twenty days on payment of costs.

Brown, P. J., and Dykman, J., concurred.

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