Legal Opinion

Sweeney v. Buffalo Courier Express, Inc.

District Court, W.D. New York

Decided July 24, 1940No. 335, 336PublishedCited by 4 opinions

1Opinion of the Court

KNIGHT, District Judge.

The causes of action herein are based upon an alleged libel published in the same form by both defendants, and the cases will be treated as one. Plaintiff moves to strike out the answer of defendant as insufficient in law for the reason that it fails to set forth the facts constituting the alleged defenses but pleads by conclusion only. In the alternative plaintiff moves for a bill of particulars wherein defendant shall state all facts, in justification of such libel and the truth thereof, supporting the conclusive allegations of the answer.

The first defense set up by…

2Cases cited5 opinions

  1. Bingham v. . GaynorNew York Court of Appeals · 1911
  2. Kansas City Star Co. v. CarlisleCourt of Appeals for the Eighth Circuit · 1901
  3. Med-A-Dent Co. v. L. D. Caulk Co.District Court, D. Delaware · 1925
  4. Jacobs v. HerlandsAppellate Division of the Supreme Court of the State of New York · 1939
  5. Vosbury v. Utica Daily Press Co.New York Supreme Court · 1918

3Cited by4 opinions

  1. Carroll v. Paramount Pictures, Inc.District Court, S.D. New York · 1943
  2. Folsom v. Dell Publishing Co.District Court, S.D. New York · 1955
  3. Moriarty v. CurranDistrict Court, S.D. New York · 1956
  4. Winslow v. National Electric Products Corp.District Court, W.D. Pennsylvania · 1946

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