Hess v. New York Press Co.
Appellate Division of the Supreme Court of the State of New York
Appeal from special term. Action by Charles A. Hess against the New York Press Company, Limited. From an order striking out portions of amended answer, •defendant appeals.
1Opinion of the CourtO’Brien, J.
The action is for libel, consisting in the publication of a series of articles concerning the plaintiff in the fall of 1896, while he was a Republican candidate for member of congress. -Some of the charges were specific in character; others, general. It is insisted that the portions of the answer stricken out were pleaded in mitigation of damages with respect to the general charges made, ■and were directed to showing that the defendant acted in good faith, without malice, in the belief that its assertions concerning the plaintiff were true, and that such assertions were made with probable…
2Cases cited1 opinion
- Knickerbocker Co. v. RoskopfNew York Court of Common Pleas · 1892
3Cited by1 opinion
- Sharon v. Time, Inc.District Court, S.D. New York · 1984