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MARTIN v. CURRAN

303 N.Y. 276 (1951)

Harry Martin, Appellant, v. Joseph Curran et al., Individually and as Officers of National Maritime Union of America, Constituting The Editorial Board of Said Union, et al., Respondents.

Court of Appeals of the State of New York.

Decided October 18, 1951

Attorney(s) appearing for the Case

Samuel Lawrence Brennglass, Morris Alfred Vogel and Bernard Fremont for appellant.

Sidney Dickstein, Herman E. Cooper, H. Howard Ostrin and Samuel Leigh for Joseph Curran and others, respondents.

William L. Standard and Edward J. Malament for Ferdinand C. Smith and others, respondents.

LOUGHRAN, Ch. J., DYE and FULD, JJ., concur with DESMOND, J.; CONWAY, J., dissents in opinion in which LEWIS and FROESSEL, JJ., concur.

DESMOND, J.

By its certified question the Appellate Division has asked us to decide whether that court acted correctly in dismissing this complaint, for insufficiency, as against defendants-respondents Curran, Smith, Stone, Myers, McKenzie and Lawrenson, in their representative capacities as officers of the National Maritime Union. The suit, which is at law for damages on account of a libel published in the union...

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