Strakosch v. Press Publishing Co.
New York Supreme Court
Appeal from special term, Hew York county. , Action for libel by Carl Strakosch against the Press Publishing Company. Defendant appeals from an order vacating an order for the examination of plaintiff before trial.
1Opinion of the CourtBrady, J.
This action is based upon an alleged libel. The defendant avers that the publication was true, and desires the examination of the plaintiff before trial in order to frame a proper plea of justification, which must be accurate and full in detail. But no facts and circumstances can be employed except such as were known and believed to be true at the time of the publication, (Kinney v. Roberts, 26 Hun, 166, and cases cited,) and as to these there can be no necessity for the examination or the plaintiff, being already known and believed. See case supra. This seems to be the rule in this class of…
2Cited by6 opinions
- Pots v. HermanNew York Court of Common Pleas · 1894
- De Lacy v. WalcottThe Superior Court of the City of New York and Buffalo · 1891
- Miller v. BrooksNew York Supreme Court · 1892
- Mutual Reserve Fund Life Ass'n v. PattersonNew York Supreme Court · 1901
- Bandmann v. JonesNew York Supreme Court · 1889
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