Dall v. Time Inc.

Full title: CURTIS B. DALL, Respondent, v. TIME INCORPORATED, Appellant

Court: Court of Appeals of the State of New York

Date published: Jul 7, 1938

278 N.Y. 635 (N.Y. 1938)

16 N.E.2d 297

Opinion

Argued May 23, 1928

Decided July 7, 1938

Appeal from the Supreme Court, Appellate Division, First Department.

William D. Whitney, Bruce Bromley, Alexander Hehmeyer and Samuel B. Stewart, Jr., for appellant. Caruthers Ewing and Guston T. Fitzhugh for respondent.

Order affirmed and judgment absolute ordered against appellant on the stipulation with costs in all courts. The question of whether the libel here charged is a libel as matter of law is not before us. No opinion. (See 278 N.Y. 718.)

Concur: LEHMAN, O'BRIEN, HUBBS, LOUGHRAN, FINCH and RIPPEY, JJ. Taking no part: CRANE, Ch. J.