118 N.Y.S. 626 | N.Y. Sup. Ct. | 1909
It is alleged that libelous matter concerning the plaintiff, a clerk of the city magistrate’s court of the city of New York, was published by the defendant in the New York Tribune, a newspaper. The headline of the article complained of is as follows: “ Clerks Hold Up Court. Magistrate and Prisoners wait while Clerks take Holiday.” The article, after describing the exasperation of the magistrate, purports to quote the comment of the magistrate, thus: “ I do not consider such a condition of affairs a trifling delinquency by any means. Here we are again to-day without any help at all, and no word to explain the absence of these men. It is only fair to say, in regard to the chief clerk, that while burying his mother yesterday his wife died, and, under these circumstances, I did not expect him to be here. I cannot understand in the least, however, where the other
Demurrer overruled.