Salisbury v. Budich

New York Supreme Court

Salisbury v. Budich

172 Misc. 201, 14 N.Y.S.2d 320, 1939 N.Y. Misc. LEXIS 2215

DecidedJuly 3, 1939

StatusPublished

This text of 172 Misc. 201 (Salisbury v. Budich) is published on Counsel Stack Legal Research, covering New York Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Salisbury v. Budich, 172 Misc. 201, 14 N.Y.S.2d 320, 1939 N.Y. Misc. LEXIS 2215 (N.Y. Super. Ct. 1939).

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Opinion

Leary, J.

The defendant, a storekeeper, mailed to plaintiffs a postal card containing the following statement: “In a few days the following sign in flashy colors will go in my window and press photographers will be invited: 1. Salisbury and O’Keefe of 1362 Merry Ave. owes us $12.84. 2. People who hang up storekeepers and stay away are nothing but low and contemptible thieves.” Thereafter defendant conspicuously posted in the window of his grocery store the following: “ O’Keefe and Salisbury, 1364 Merry Avenue owe us $12.84. People who hang up storekeepers and stay away are on the same level as thieves.” The defendant using this means to collect an account alleged due exposed the plaintiffs to public contempt and ridicule in the minds of right-thinking persons. (Sydney v. Macfadden Newspaper Pub. Corp., 242 N. Y. 208.) Motion to dismiss complaint denied.

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Leary, J.

The defendant, a storekeeper, mailed to plaintiffs a postal card containing the following statement: “In a few days the following sign in flashy colors will go in my window and press photographers will be invited: 1. Salisbury and O’Keefe of 1362 Merry Ave. owes us $12.84. 2. People who hang up storekeepers and stay away are nothing but low and contemptible thieves.” Thereafter defendant conspicuously posted in the window of his grocery store the following: “ O’Keefe and Salisbury, 1364 Merry Avenue owe us $12.84. People who hang up storekeepers and stay away are on the same level as thieves.” The defendant using this means to collect an account alleged due exposed the plaintiffs to public contempt and ridicule in the minds of right-thinking persons. (Sydney v. Macfadden Newspaper Pub. Corp., 242 N. Y. 208.) Motion to dismiss complaint denied.

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Bluebook (online)

172 Misc. 201, 14 N.Y.S.2d 320, 1939 N.Y. Misc. LEXIS 2215, Counsel Stack Legal Research, https://law.counselstack.com/opinion/salisbury-v-budich-nysupct-1939.

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