Holbert v. Time, Inc.

Appellate Division of the Supreme Court of New York

Holbert v. Time, Inc.

255 A.D. 749, 6 N.Y.S.2d 917, 1938 N.Y. App. Div. LEXIS 4998

CourtAppellate Division of the Supreme Court of the State of New York

DecidedSeptember 29, 1938

StatusPublished

This text of 255 A.D. 749 (Holbert v. Time, Inc.) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Holbert v. Time, Inc., 255 A.D. 749, 6 N.Y.S.2d 917, 1938 N.Y. App. Div. LEXIS 4998 (N.Y. Ct. App. 1938).

Pincite

Opinion

Appeal from an order of a Special Term of the Supreme Court, entered in Madison county clerk’s office denying defendant’s motion to dismiss the complaint for insufficiency, in an action for libel. The complaint alleges that defendant, in Life magazine, pub[750]*750lished an article concerning Cora Hebner charged with murdering her husband; that in conjunction with said article defendant published a picture of plaintiff. Such picture is in a reproduction of a page of a matrimonial journal, Cupid’s International Messenger, the article stating that Cora Hebner had advertised in the Messenger for a husband, and that such “ act ” was suspicious. The complaint charges that by defendant’s publication of the article it conveyed the libelous impression and meaning that plaintiff was connected with and had participated in the murder, and had done acts which none but a person of immoral and degrading [degraded] character would do. We think the meaning of the article is a question of fact for a jury. Order unanimously affirmed, with ten dollars costs and disbursements. Present — Hill, P. J., Rhodes, McNamee, Crapser and Bliss, JJ.

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Appeal from an order of a Special Term of the Supreme Court, entered in Madison county clerk’s office denying defendant’s motion to dismiss the complaint for insufficiency, in an action for libel. The complaint alleges that defendant, in Life magazine, pub[750]*750lished an article concerning Cora Hebner charged with murdering her husband; that in conjunction with said article defendant published a picture of plaintiff. Such picture is in a reproduction of a page of a matrimonial journal, Cupid’s International Messenger, the article stating that Cora Hebner had advertised in the Messenger for a husband, and that such “ act ” was suspicious. The complaint charges that by defendant’s publication of the article it conveyed the libelous impression and meaning that plaintiff was connected with and had participated in the murder, and had done acts which none but a person of immoral and degrading [degraded] character would do. We think the meaning of the article is a question of fact for a jury. Order unanimously affirmed, with ten dollars costs and disbursements. Present — Hill, P. J., Rhodes, McNamee, Crapser and Bliss, JJ.

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Bluebook (online)

255 A.D. 749, 6 N.Y.S.2d 917, 1938 N.Y. App. Div. LEXIS 4998, Counsel Stack Legal Research, https://law.counselstack.com/opinion/holbert-v-time-inc-nyappdiv-1938.