Hager v. Tibbits
New York Supreme Court
Appeal from an order sustaining a demurrer, interposed by the plaintiff, to the second answer of the defendant to the plaintiff’s complaint. This action was brought by John Hager against Henry Tibbits.
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Appeal from an order sustaining a demurrer, interposed by the plaintiff, to the second answer of the defendant to the plaintiff’s complaint. This action was brought by John Hager against Henry Tibbits. The complaint of the plaintiff alleged as follows : “ That the defendant, on or about the 20th day of June, A. D. 186J, contriving, and wickedly and maliciously intending to injure this plaintiff in his good name, fame, credit, and reputation, and to bring him into public scandal, infamy, and disgrace, with and amongst all his neighbors, and other good and worthy citizens, and cause it to be…
1Opinion of the CourtMiller, J.
I think that the answer demurred to contains no defense to the plaintiff’s complaint, and that it was not in mitigation of the alleged libel that the defendant made the publication at the request of and upon the information of another party. That no such rule prevailed before the Code of Procedure went into effect, there can be no doubt, and I do not understand that it is claimed that prior to the Code it was otherwise (Mapes v. Weeks, 4 Wend., 649; Inman v. Foster, 8 Id., 602). .
It is said, however, that the Code has changed the rule, and now permits such circumstances to be alleged,…
2Cases cited4 opinions
- Root v. King & VerplanckNew York Supreme Court · 1827
- Wheelock v. YoungNew York Supreme Court · 1830
- Purple v. HortonNew York Supreme Court · 1834
- Ayres v. CovillNew York Supreme Court · 1854
3Cited by1 opinion
- Meyrose v. AdamsMissouri Court of Appeals · 1882