Sawyer v. Bennett
New York Supreme Court
Demurrer to answer. The action was brought by Lucius Willard Sawyer against James Gordon Bennett and others for libel. The complaint alleged that the alleged libelous matter was false. The answer contained a general denial, and also set up as separate defenses the truth in justification of portions of the alleged libel. Plaintiff demurred to the •defenses setting up the truth in justification.
1Opinion of the CourtBeach, J.
The action is for libel. The answer,,by its-second and, third defenses, pleads in justification the truth of certain portions of the articles alleged to be libellous.. The plaintiff demurs upon the ground that the defenses are insufficient in law upon the face thereof. It is provided by section 494 Code of Civil Procedure, that plaintiff may demur to a defense consisting of new matter contained in the answer on the ground above specified. The objection that the plaintiff has mistaken the remedy cannot be sustained. The plea of truth in defense is new matter within the statute meaning. The…
2Cases cited18 opinions
- Byam v. . CollinsNew York Court of Appeals · 1888
- Buckley v. KnappSupreme Court of Missouri · 1871
- Holmes v. . JonesNew York Court of Appeals · 1890
- Bergmann v. . JonesNew York Court of Appeals · 1883
- Thompson v. . HalbertNew York Court of Appeals · 1888
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