Morgan v. Bennett

The action is for libel, and the plaintiff moves to strike out the second, third, and fourth partial defenses, pleading facts in mitigation. Such motions are not favored (Baylies, Code Pl. 363; Hoffman v. Wight, 137 N. Y. 621, 33 N. E. 554), and where there is a semblance of a cause of action or defense set up in a pleading its sufficiency cannot be determined on a motion to strike out as irrelevant or redundant (Hatch v. Matthews, 85 Hun, 523, 33 N. Y. Supp. 332; Mason v. Dutcher [Com. Pl.] 33 N. Y. Supp. 689; Walter v. Fowler, 85 N. Y. 621). Whether a defense is or is not bad cannot be…