Billings v. Waller
New York Supreme Court
The complaint was for a libel. The libellous article was a pretended dream published in a newspaper in Sullivan county, of which the defendant is the proprietor. The libellous matter consisted in a statement in the dream that the plaintiff, who was a miller, had burned his mill to get the insurance money, and had sold wheat flour which was three-fourths stone peckings.
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The complaint was for a libel. The libellous article was a pretended dream published in a newspaper in Sullivan county, of which the defendant is the proprietor. The libellous matter consisted in a statement in the dream that the plaintiff, who was a miller, had burned his mill to get the insurance money, and had sold wheat flour which was three-fourths stone peckings. The answer of the defendant, among other things, stated as a justification, that the plaintiff “ has practiced or caused to be practiced, dishonesty in taking tolls for grinding grain at his mill, and in retaining the flour…
1Opinion of the CourtBrown, J.
The defendant in his answer, and in justification of the slanderous and defamatory words charged in the complaint, sets up “ that the plaintiff, as a miller in said mill, and at the time specified in the complaint, has practiced or caused to be practiced, dishonesty in taking tolls for grinding grain at his said mill, and in retaining the flour therefrom, whereby his customers have been *98wrongfully cheated and defrauded.” The plaintiff now moves to make this charge more definite and certain, by stating when and upon whom the plaintiff practiced the dishonesty in taking such tolls and retaining…
2Cited by2 opinions
- Williams v. BlackSouth Dakota Supreme Court · 1910
- Fodor v. FuchsSupreme Court of New Jersey · 1908