Devoy v. Irish World & American Industrial Liberator Co. ( 1924 )

Martin, J. (concurring):

I concur in the opinion of Mr. Justice Finch. I am also of opinion that the judgment should be reversed upon the additional ground that there was a failure to prove upon the trial that the alleged libel was published of and concerning the plaintiff. (Hauptner v. White, 81 App. Div. 153.)

Judgment and order reversed and new trial ordered, with costs to appellants to abide the event.