Legal Opinion

Morse v. Press Publishing Co.

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

Decided July 1, 1901PublishedCited by 3 opinions

Appeal by the defendant, the Press Publishing Company, from an interlocutory judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 12th day of April, 1901, sustaining the plaintiff’s demurrer to the second defense contained in the amended answer.

1Opinion of the Court

Ingraham, J.:

This action was brought to recover damages for a libel and the question before us is upon a demurrer to certain allegations in the answer which are designated “a second, separate and distinct defense to the alleged cause of action in the amended complaint contained, and in mitigation of the alleged libelous matter therein contained.” The complaint alleges that the libel charged that the plaintiff “ had been guilty of the offence and sin of unchastity and adultery.” When this cause was here on a former appeal we held that by the complaint the plaintiff charged that the words of…

2Cases cited6 opinions

  1. Mattice v. . WilcoxNew York Court of Appeals · 1895
  2. Bradner v. . FaulknerNew York Court of Appeals · 1883
  3. Hatfield v. . LasherNew York Court of Appeals · 1880
  4. Morse v. Press Publishing Co.Appellate Division of the Supreme Court of the State of New York · 1900
  5. Morgan v. BennettAppellate Division of the Supreme Court of the State of New York · 1899

1 more not listed; retrieve them via the Exa API.

3Cited by3 opinions

  1. Dinkelspiel v. New York Evening Journal Public Co.New York Supreme Court · 1903
  2. Brown v. McArthurAppellate Division of the Supreme Court of the State of New York · 1905
  3. Prividi v. O'BrienAppellate Terms of the Supreme Court of New York · 1904

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