Daily v. De Young

U.S. Circuit Court for the District of Southern New York

Daily v. De Young

127 F. 491, 1903 U.S. App. LEXIS 5234

CourtU.S. Circuit Court for the District of Southern New York

DecidedDecember 12, 1903

StatusPublished

Cited by3 cases

This text of 127 F. 491 (Daily v. De Young) is published on Counsel Stack Legal Research, covering U.S. Circuit Court for the District of Southern New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Daily v. De Young, 127 F. 491, 1903 U.S. App. LEXIS 5234 (circtsdny 1903).

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Opinion

LACOMBE, Circuit Judge.

The demurrer is not frivolous; the question whether the publication complained of is libelous per se is Certainly arguable. Defendant’s counsel, however, upon th‘e argument, expressed his willingness to have the court treat the case as if jt were submitted upon demurrer. The court, therefore, has analyzed ■the statements contained in the article complained of, and considered them in the light of the authorities cited by both sides. Without now undertaking to decide whether or not they are calculated to hold comiplainant up to contempt and ridicule, thejr do insinuate that his meth,.dds ¡bf. conducting the affairs of the mine referred to were recklessly 'extravagant, and therefore “tend to injure him in his trade, occupation; or business.” Moore v. Francis, 121 N. Y. 199, 23 N. E. 1127, 8 L. R. A. 214, 18 Am. St. Rep. 810.

■ The demurrer is overruled, with leave to answer in 20 days.

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LACOMBE, Circuit Judge.

The demurrer is not frivolous; the question whether the publication complained of is libelous per se is Certainly arguable. Defendant’s counsel, however, upon th‘e argument, expressed his willingness to have the court treat the case as if jt were submitted upon demurrer. The court, therefore, has analyzed ■the statements contained in the article complained of, and considered them in the light of the authorities cited by both sides. Without now undertaking to decide whether or not they are calculated to hold comiplainant up to contempt and ridicule, thejr do insinuate that his meth,.dds ¡bf. conducting the affairs of the mine referred to were recklessly 'extravagant, and therefore “tend to injure him in his trade, occupation; or business.” Moore v. Francis, 121 N. Y. 199, 23 N. E. 1127, 8 L. R. A. 214, 18 Am. St. Rep. 810.

■ The demurrer is overruled, with leave to answer in 20 days.

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Bluebook (online)

127 F. 491, 1903 U.S. App. LEXIS 5234, Counsel Stack Legal Research, https://law.counselstack.com/opinion/daily-v-de-young-circtsdny-1903.

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