Hilton v. Carr
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Henry G. Hilton, from so much of an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 1st day of February, 1899, as denies his motion to strike out as scandalous, impertinent, immaterial and irrevelent certain allegations contained in the defendant’s answer.
1Opinion of the Court
Rumsey, J.:
The action was for slanderj the allegation being substantially that slanderous words were spoken to the plaintiff at his residence on the 2d of November, 1898. After a general denial, and for a second defense by way of mitigation, the defendant alleged in substance that the plaintiff and one Sylvia Gerrish employed the defendant’s son to render certain services upon a building in which they resided; that the defendant had assisted his son in performing the work and had rendered a bill, which the plaintiff promised to pay but never had paid; that on the day when the alleged…
2Cases cited1 opinion
- Somers v. TorreyNew York Court of Chancery · 1835
3Cited by2 opinions
- Bradley v. SweenyAppellate Division of the Supreme Court of the State of New York · 1907
- Doscher v. ObermeyerAppellate Division of the Supreme Court of the State of New York · 1916