Howard v. Raymond
The Superior Court of New York City
Demurrer to complaint. This was a suit against the proprietor of the New York Times for a libel; consisting in an article containing certain statements relative to the plaintiff’s conduct in matters in which he had been employed as a lawyer. The case came up before Justice Hoffman, in the Superior Court, on demurrer by plaintiff to the defendant’s answer.
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Demurrer to complaint. This was a suit against the proprietor of the New York Times for a libel; consisting in an article containing certain statements relative to the plaintiff’s conduct in matters in which he had been employed as a lawyer. The case came up before Justice Hoffman, in the Superior Court, on demurrer by plaintiff to the defendant’s answer. The answer, among other things, set up that the article com plained of was true; specifying particulars, pleading the truth in justification. It also contained a count that defendant would set up the same things in mitigation of damages in…
1Opinion of the CourtHoffman, J.
I think the answer in the present case is within section 165 of the Code, as interpreted by the case of Bush a. Prosser (1 Kern., 357). There are allegations which, fairly construed, amount to a justification of the libel, and there are circumstances stated avowedly in mitigation of damages.
I think (but I believe the point is new), that it is immaterial that the matters stated in mitigation, are the same as those presented in justification. In other words, these facts are set forth as an absolute defence to any claim, and if insufficient for that purpose, as a partial defence, by operating to…
2Cited by1 opinion
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