McCoun v. Curtis

Appellate Division of the Supreme Court of New York

McCoun v. Curtis

232 A.D. 782

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

DecidedFebruary 15, 1931

StatusPublished

This text of 232 A.D. 782 (McCoun v. Curtis) 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

McCoun v. Curtis, 232 A.D. 782 (N.Y. Ct. App. 1931).

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Opinion

Order denying defendant’s motion to dismiss amended complaint for failure to state a cause of action reversed upon the law, with ten dollars costs and disbursements, and motion granted, with ten dollars costs. The article of which the plaintiff complains is not libelous. Lazansky, P. J., Young, Hagarty and Tompkins, JJ., [783]*783concur; Seudder, J., dissents, being of opinion that, upon the facts stated in the complaint, it would be a question for the jury as to whether the article complained of applied to plaintiff and whether it had an innocent or a disgraceful meaning.

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Order denying defendant’s motion to dismiss amended complaint for failure to state a cause of action reversed upon the law, with ten dollars costs and disbursements, and motion granted, with ten dollars costs. The article of which the plaintiff complains is not libelous. Lazansky, P. J., Young, Hagarty and Tompkins, JJ., [783]*783concur; Seudder, J., dissents, being of opinion that, upon the facts stated in the complaint, it would be a question for the jury as to whether the article complained of applied to plaintiff and whether it had an innocent or a disgraceful meaning.

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Bluebook (online)

232 A.D. 782, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mccoun-v-curtis-nyappdiv-1931.