Goodman v. Robb
New York Supreme Court
Appeal from so mncb of an order of the Orleans Special Term as denied the plaintiff's motion to strike out the second paragraph in the defendant’s answer, or to direct that it be made more definite and certain.
1Opinion of the Court
Smith, P. J.:
The action is for slander. The answer originally contained several paragraphs separately numbered, all of which except the first and second have been stricken out. The first paragraph is a denial. The second alleges, in substance, that if the defendant spoke any slanderous words of and concerning the plaintiff, of the nature of those charged in the complaint, they were confidential and privileged and were not spoken in malice.
The plaintiff moved that the second paragraph be stricken out on the ground that it is alternative and hypothetical, and also that the *606defendant be required…
2Cases cited3 opinions
- Wies v. FanningNew York Supreme Court · 1854
- Fasnacht v. StehnNew York Supreme Court · 1869
- Lewis v. KendallNew York Supreme Court · 1850