Hinsdale v. Orange County Publications, Inc.

217 N.E.2d 650 (1966)

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Nature of the Case

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Facts

Ds' daily newspaper printed a marriage announcement about Ps. It did not say that they were already married to others. P sued for libel contending at the time of the publication D knew or by reasonable diligence could have learned that Mr. Hinsdale was and is married and the father of two children, and that Concetta Kay Rieber was and is married and the mother of three sons, and that there was and is no engagement to marry between Robert Hinsdale and Mrs. Rieber. Ps alleged that the newspaper was of general circulation not only in Middletown, New York but also in the City of Newburgh and its environs, that P lives and is in business in Newburgh and that he has been defamed by the newspaper announcement and held up to public disgrace, scorn, and ridicule. Mrs. Rieber's also alleged that her reputation has been damaged and an evil opinion of her induced in the minds of the people of the community and that because of her pain, shock, fright and physical and mental suffering the husband has been deprived of his wife's services and society and put to expense, etc. The trial court dismissed the complaints. The Appellate Division unanimously affirmed and gave Ps leave to replead, a permission of which they did not make use. This appeal resulted.