The opinion of the court was delivered by: SUGARMAN
Plaintiff sues defendants for libel. This is a motion 'for an order dismissing the complaint herein upon the grounds that it fails to state a cause of action'. It will be deemed one to dismiss the complaint for failure to state a claim upon which relief can be granted under Fed. Rules Civ. Proc. rule 12(b)(6), 28 U.S.C.A.
For the purposes of such a motion, the well pleaded material allegations of the complaint are taken as admitted. Moore's Federal Practice, 2d Ed., par. 12.08, Vol. II, p. 2244.
The complaint alleges that the plaintiff is a citizen of the Philippine Republic; that the defendants are all citizens of the State of New York; that the matter in controversy exceeds three thousand dollars; that the plaintiff, a major in the Philippine Army, is the officer in charge of the Philippine Procurement Mission in New York; that the defendants are engaged in the business of supplying uniforms and uniform material; that prior to the incident, which is the subject matter of the suit, plaintiff was an officer in good standing in the Philippine Army, enjoying a reputation of the highest integrity in his assignment and not suspected of 'any unsavory conduct or practice'; that the defendants contrived and intended to deprive plaintiff of the respect, confidence, and estate peculiarly essential to his office and of his good name, reputation and esteem among his fellow officers and to bring him into disrepute by falsely and wrongfully circulating a letter as follows:
Paul G. Gallin Company Uniforms- Accessories- insignia '729 Broadway New York 3, New York Tel. Orchard 4- 1400 November 26, 1951
'Captain Alfredo D. Dayot
Philippine Military Academy
Loakan, Baguio, Philippines
'Undoubtedly you were surprised to receive our cable suggesting that you delay the procurement by Major Santo. We would, therefore, like to take this opportunity to explain the reason for this message.
'A few days ago a woolen jobber in this city telephoned us advising that he was to get an order from the Academy through Major Santos for 50,000 yards of West Point grey all wool material. We knew nothing about this order and did not even receive a request for a quotation for same until the following day. What surprised us in this incident was that whereas one man was already sure of having the order, other firms had not even been notified. Furthermore, this woolen jobber went so far as to say that if we did not work along with him we would not get anything. He also said that he had been shown the cable (a supposedly confidential directive) sent from the Academy directly to Major Santos specifying that the order was to be given to our firm. We of course, would have nothing to do with such an unsavory proposal. The Academy, of course has a right to request quotations from other suppliers. As a matter of fact, we welcome this as an opportunity for you to prove for yourselves that our merchandise cannot be duplicated. Enclosed you will find the request for quotation which was sent to us after the telephone conversation previously mentioned. As you can see, there are no specifications, making it impossible for any concern to bid intelligently. The Academy can only suffer as a result.
'We, of course, have even gone out of our way at times to supply the Academy with the best. Of course you have the right to check other sources and suppliers. However, we feel you will agree that there is something bizarre about this entire matter, and we believe it our duty to inform you of this so that you can guide yourselves accordingly.
'We request that we hear from you on this matter.
'Very truly yours, Paul G. Gallin Company (sgd) ...