Crane v. New York World Telegram Corp.

In this action for libel plaintiff moves for an order striking out the first and second defenses on the ground that they are insufficient in law or, in the alternative, striking them as irrelevant and prejudicial. The first defense is alleged as a complete defense; the second, as a partial defense.

The libel complained of here consisted of defendants’ publishing of the plaintiff that he was “ now under indictment ” when, in fact, plaintiff has never been indicted.

The first defense is intended, according to defendants’ brief, to be that of justification. Nowhere in said defense, however, is it…