Kelly v. Taintor
The Superior Court of New York City
Demurrer to the answer. The action is for a libel. ■ The complaint alleges that the defendant falsely, and with malice, wrote, and caused to be published in the Hew York Tribune, a letter addressed to the editor of said paper, which, among other things, charged, as is alleged, that the plaintiff had been implicated in certain fraudulent transactions, by which the city of Hew York had been defrauded out of large sums of money; that the plaintiff had been engaged in wrongfully…
Read the full summary
Demurrer to the answer. The action is for a libel. ■ The complaint alleges that the defendant falsely, and with malice, wrote, and caused to be published in the Hew York Tribune, a letter addressed to the editor of said paper, which, among other things, charged, as is alleged, that the plaintiff had been implicated in certain fraudulent transactions, by which the city of Hew York had been defrauded out of large sums of money; that the plaintiff had been engaged in wrongfully obtaining money from said city in connection with the “ ring rogues,” and in sharing and receiving moneys that had been…
1Opinion of the CourtMonell, C.J.
— A defendant in an action for libel may •allege the truth of the publication, or that it was privileged. These are defenses. • ..
The defendant claims that both are raised by his answer.
First, that, under the facts stated, the communication was privileged ; and, second, that the alleged libelous matter was true, “ according to the true intent and meaning thereof.”
I do not find that the facts stated in the “ sixth ” subdivision of the answer brings the alleged libelous matter within any of the classes of privileged communications. It does not relate to any legislative or judicial proceeding;…
2Cited by2 opinions
- Fenstermaker v. Tribune Publishing Co.Utah Supreme Court · 1895
- Haynes v. Spokane Chronicle Publishing Co.Washington Supreme Court · 1895