Kelly v. . Waterbury
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court, in the first judicial department, made at the Hay Term, 1881, which modified, and affirmed as modified, an order of Special Term, striking out certain portions of defendant’s answer herein. The nature of the action, and the substance of the pleadings are set forth in the opinion.
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Appeal from order of the General Term of the Supreme Court, in the first judicial department, made at the Hay Term, 1881, which modified, and affirmed as modified, an order of Special Term, striking out certain portions of defendant’s answer herein. The nature of the action, and the substance of the pleadings are set forth in the opinion. The defendant has a right to include in the issue the whole of the publication alleged to be libelous, and so much of the order appealed from ’as is in contravention of this right should be reversed. (2 Starkie on Slander and Libel, 85, 320; Cooke v. Hughes,…
1Opinion of the CourtEarl, J.
This action was brought by the plaintiff against the defendant, to recover damages on account of libels alleged to have been published by the defendant, in which the plaintiff was charged with various frauds, crimes and disgraceful acts. The libels complained of were alleged to have been contained in a letter and telegram published by the defendant, arid mainly in a letter addressed -to the plaintiff by Wm. F. Havemeyer, and published in the Hew York Herald, which letter is alleged to have been written and published with the, advice and assistance of the defendant. The particular portions of…
2Cases cited1 opinion
- Culver v. Van AndenNew York Supreme Court · 1857
3Cited by3 opinions
- Morse v. Times-Republican Printing Co.Supreme Court of Iowa · 1904
- Haynes v. Spokane Chronicle Publishing Co.Washington Supreme Court · 1895
- Burnham v. FranklinNew York Supreme Court · 1904