Meyer

The plaintiff, a municipal corporation, sued for libel in the sum of five thousand dollars for damages to its good name, reputation and credit, and asked for an additional sum of five thousand dollars as punitive damages. A general demurrer to the complaint was sustained without leave to amend, .and from the judgment in favor of defendant which followed the plaintiff has appealed upon a typewritten transcript.

The complaint alleged that the defendant wrongfully and maliciously and with intent to injure the plaintiff published a false, libelous and defamatory article reading as follows: “Financial Condition of Albany: The City of Albany now faces bankruptcy, borrowing money from the banks at 7% interest in order to pay employees. No money is available for street improvements. Special assessments will have to be made for repairs. ” It was further alleged that said article was untrue and that it was published maliciously with intent to injure the plaintiff in its business, destroy its financial standing and create doubt in the minds of the people of Albany and others in the bay region as to its solvency and ability to perform its contracts and pay its bonds and debts.

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