New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1915-02-12
NEWSPAPER WILL
PLEAD JUSTIFICATION
Court Restraints One Kos
ofsy from Fraudulent Use
of Reputable Name.
NIL STEWART & CO.,
INC, ASK FOR $250,OOO
r;rst Case 10 Be Filed Is Result
of Exposure of Patent Med
icine Advertisements.


several hbel suits have already been
,.oysht against the publishers Of The
Tribune and Samuel Hopkins Adams
,,3 smother one has been threatened.
In, bss not been begun. on account
= NJ Adsms's recent articles on
s.,.n,ive or fraudulent advertising
d, N, public press and the previous
,rtitles in The Tribune on the frauds
srse,sed IN patent medicine sdver-
tsemtnts.
The frs. Of these suits grew ont o.
N, articles on ousck medicine adver-
,.,ment.. The plaintiff is Arthur y.
PAYNE. the head Of the "Pulmonol'
,oneern. who Is represented in The
Tribune articles as advertising that
6rug ,s proper remedy for con-
,urptiyes: these articles. among other
,sinys, stating that in .Pu)monol's'
u.srstcrc were testimonials OF me7
,,s women Rho were induced TO write
,.,,imoris's saying "Pulmonol" cured
,h,n Of consumption and who had since
8ied 81 consumption.
Psyne did not bring his first SUIT
,.,jrst The Tribune. but against Ran
,oa Csyriil. New York business man
vso had written a letter TO the editor
EsThe Journal of the American Medi-
al association" published in Chicago,
N vsie1 re congratulated the editor OF
.s,. iaurnal upon an article published
herein attaching "Pulmonol' as
.frzYanlent consumption cure. In thst
,,tsr. COPY OF which is embodied IN
P,yne's complain, IN that case MI
CayTill wrote;
tt,,, b.s, asr.l sss.' 'of .s-erz' companies s1d
~. three YEAR sso v's persuaded 10 'shG W az
fn,'irE - "runouo. ava LnG s,',i - ,,,.iisius
-. I'll th.t :, claimed FOR &c. hsi rgl nesh ~ ,.
a. pusio,', ,er. icas however. before ] found ou'
n a., 90. ,oi mentioned. which was sup-
49, D., 10 g. wonderful. that She committee -
oOsrros' Va, a.sel ,o n'g, ,, gem ,oEs- desih her
80 opsr-r >1iur time si'ei iHls uoluaY. e, - ,I.sI-
isusisr sme O. tHs once insisting ana 'l'r p'fMn a.
"a 'hs' iis testimonial be- DISCONTINUED .., bt. ~
Pane s,solge5 refused. .Fcrhng h"" l-s..nS'',s ~
prfsIr h "a, 90 give tHe sne oi dead person =
ts-,ir,oaisl i1r The medicine was ono of ne zee
,ons for ut quarrel .1iu iae 'medl'a. director
se-s. i,o-'s. .fs- s'' Tim lc continued 20 Us,
IN iss'inonisl s.'e-isi"s D. con.,9eIsoH y, u, ~ ~
.dts, zuor ! b.ev. NJ ore ~ 'be rey'spspsrs IN
vhish ne a. vs' s7pesring sTo ,s ,ue,s a.,
G.eoafinuti ENer Co. under Nho'e uen,t W
.-.-,iss,per, sptearal s,-o insisted trst ~ Payne
pnR ijs ts-'imo0i.' from ris circulars ih iuio'e.
Although the publication complained
OF in that action was made in the Chit
esgo journal Of the American hedlca
Association" in December. 1918. Arthur
V. Psyrc did not begin any libel suit
until a yesr later. when the exposures
IN The Tribune articles began. Even
then nc did not sue the Chicago pub
ltstion, but brought the suit against
New York business man who had
written a letter 20 such Chicago medl-
cal joIrnsl The complaint in the ac-
ton Of Arthur Y. Payne against Ran
son Caygill was verified on December
H. 1914. and the action begun soon
hereafter On the same day Payne
also verified ms complaint IN his ac-
ton against The Tribune Association.
out the complaint was not served untu
more than a month later. the action
being based upon publication made IN
The Tribune on December 10, 1914. In
'he Caygill suit Payne asked for s5O,-
900 damages, and in The Tribune SUIT
Tor 100000 damages.
Threat from kosofsky.
The threat Of a libel suit cane next
W letter received by The Tribune
on January 10, 1915, from J. A. kosof-
sky, writing as president Of Hudson
Say Imp. Co." in which the writer
ssid:
v, h,rtsra I.msud ,hst you rctrst statements
,s o' 'opr psI.t iu al article published a.
"a ,sos. u,si,er, ~ tts Losof,t, fsmi,y ths' sre
.igtNto In same We also demand that Y ms -
hs'ftra 9 pubIthei 10 gi1e 81 the sswg promi
s l"i snirlc occupied " tlds b. not mn.
h'1 drrc ne 500 commence libel aeuol against
To 'hls letter McssrS. Sackett,
I,ihapman & Stevens. aS counsel for
me Tribune. wrote reply on Jsnu-
'fy u, IN which they said:
lsg .,t ,s., r., Tribune rctr.o statements pgo
ssl N ~ columns nm thc 1871 inst. concerning
snt5 uu s't Interested in ssms" our clierjs
.st v, hat 'hel know of no in orfect statements
IsTi' fdeued 90. thit g. f.ct. they believe
- pphthtd matter - have heeli prepared With
- 'He az 10 10 entirely true IN it statement
v, are Instructed 6y them. however. 10 say. ss vs
-. ever siuiisf csfe that y the lesfu uist st.
hl iniurouf fsfrmcufs hsvc beeu published
-. ~ ~ lfihynf they viii d. glad 20 publish az
~ ieh correction le'i Do not ssy 81 yOur letter
* 'oy claim that sly of she "sisiemcui,'
80 1cl demand shall Dog "fcfFs~ird" arc is'se,
~ % % cisim. vunt picsse let us Know
n. ,stfdbc statements o. fsct which were % pub
s.r1 lee assert 90 hc untrue. so that The Tribune
- p'olfl suitable correction N % 4. found that
"ton hstc been made in such publicationi
since the sending Of that letter not
ssniy has no libel suit been brought by
hudson Bay Imp. Co." or "those mem
ses OF the Kosofsky family that are
,n'erested in same" but neither has
ne Tribune heard anything further
rom them upon the subject, nor have
.1 counsel received any reply TO the
sooie mentioned letter.
me next libel suit to be brought
.pon these articles was a Liberman ac-
,ron, Instituted this week against The
noune Association and Samuel Hop
sans hdams This was not brought by
sa'tp Liberman; The Tribune has not
'sl heard Of any libel proceeding con-
tmplsted by him. IL is, however. in
Noteo through the agency Of Philips
Continued on page S. column