Gray v. Baker
New York Supreme Court
Appeal from special term, Kings county. Action by Leonora S. Gray against William T. Baker and another for libel. From an order of the special term vacating an order obtained by defendants for the examination of plaintiff before answer, under Code Civil Proc. § 873, defendants appeal.
1Opinion of the CourtBarnard, P. J.
The papers show that the defendants published of and concerning the plaintiff very injurious charges and imputations affecting her character for chastity. The publication is based upon allegations of fact which ought to have been known to the defendants before the publication was made. The defendants seek to examine the plaintiff before answer so as to determine from her examination whether the defendants will be able to answer that the libel published was true. The case of Miller v. Brooks, (Sup.) 20 N. Y. Supp. 359, is a decisive authority against upholding an order for such purpose. The…
2Cases cited1 opinion
- Miller v. BrooksNew York Supreme Court · 1892
3Cited by1 opinion
- Gray v. BakerNew York Supreme Court · 1894