Legal Opinion

Bingham v. Gaynor

Appellate Division of the Supreme Court of the State of New York

Decided December 17, 1909PublishedCited by 4 opinions

Appeal by the plaintiff, Theodore A. Bingham, from an order of the Supreme Court, made at the Rev/ York Special Term, and entered in the office of the clerk of the county of Rew York on the SR tli day of September, 1909,striking out portions of the complaint as irrelevant, redundant and, in part, scandalous.

1Opinion of the Court

Houghton, J.:

The action is for libel, and, on motion of the defendant, many. allegations of the complaint were stricken- out as irrelevant.

It is unnecessary to analyze the .complaint. It is sufficient for us to say that we are of the opinion that the allegations stricken out were material as either tending to show actual malice or in aggravation of damages.

The plaintiff had a right to aver, if he saw fit, that the defendant was apprised by him of the true state of affairs with respect to *427Duffy before he published the alleged libel, for the purpose of showing personal ill-will or desire to do…

2Cases cited5 opinions

  1. Morey v. Morning Journal Ass'nNew York Court of Appeals · 1890
  2. Crane v. . BennettNew York Court of Appeals · 1904
  3. Dinkelspiel v. New York Evening Journal Publishing Co.Appellate Division of the Supreme Court of the State of New York · 1904
  4. Carpenter v. New York Evening Journal Publishing Co.Appellate Division of the Supreme Court of the State of New York · 1906
  5. Saunders v. Post-Standard Co.Appellate Division of the Supreme Court of the State of New York · 1905

3Cited by4 opinions

  1. Sanders v. RolnickAppellate Terms of the Supreme Court of New York · 1947
  2. Werner, Zaroff, Slotnick, Stern & Askenazy v. LewisCivil Court of the City of New York · 1992
  3. Burkan v. Musical Courier Co.New York Supreme Court · 1910
  4. Wildenberger v. Ridgewood National BankAppellate Division of the Supreme Court of the State of New York · 1919

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