Fry v. Bennett
The Superior Court of New York City
This was an action brought by the plaintiff, as manager of an Italian Opera Company, against the defendant, as editor and proprietor of the New York Herald, for the publication in that journal of twelve successive libels upon the plaintiff in his private character and as manager of the opera. The defendant interposed an answer to each libel, and to each of these answers the plaintiff demurred, and also interposed a thirteenth demurrer to the conclusion of the answer.
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This was an action brought by the plaintiff, as manager of an Italian Opera Company, against the defendant, as editor and proprietor of the New York Herald, for the publication in that journal of twelve successive libels upon the plaintiff in his private character and as manager of the opera. The defendant interposed an answer to each libel, and to each of these answers the plaintiff demurred, and also interposed a thirteenth demurrer to the conclusion of the answer. The pleadings extended to more than 360 folios, and formed a printed' pamphlet of 89 pages. The answers alone amounted to 269…
1Opinion of the CourtDuer, J.
The complaint and answer in this case, are, perhaps, as extraordinary pleadings as have ever been exhibited in a court of justice ; and it would be the severest condemnation of the code that has yet been pronounced, were we forced to declare them its legitimate offspring. But this declaration we cannot make. The condemnation it implies would be glaringly unjust. These singular pleadings derive no sanction from the code. They are not only inconsistent with its general design, but directly at variance with many of its provisions. The object of the code is to reduce pleadings to the utmost…
2Cases cited3 opinions
- Van Vechten v. HopkinsNew York Supreme Court · 1809
- Boyce v. BrownNew York Supreme Court · 1849
- Van Ness v. HamiltonNew York Supreme Court · 1822
3Cited by37 opinions
- Tracy v. Newsday, Inc.New York Court of Appeals · 1959
- Sweeney v. BakerWest Virginia Supreme Court · 1878
- Fleischmann v. . BennettNew York Court of Appeals · 1881
- Christal v. CraigSupreme Court of Missouri · 1883
- Bradley v. CramerWisconsin Supreme Court · 1884
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