Buhler v. Wentworth
New York Supreme Court
Appeal from a decision made at a special term, allowing two defenses to be separately stated, in an action for slander.
1Opinion of the CourtRoosevelt, J.
The plaintiff sues for slander, and alleges that the defendant falsely accused him of cheating. The defendant answers, first, “ I have no recollection or belief of having so accused you; but, secondly, if I did, the charge was true.” And the question is, does the code admit of such a mode of pleading % That it is a natural mode of -meeting the complaint all must admit; that it was a lawful one before the code, in the form of a notice annexed to the general issue, will also be conceded. Is the code, then, a narrowing or a liberalizing system ? Its well known origin and history answers this…
2Cases cited1 opinion
- Graham v. StoneNew York Supreme Court · 1851
3Cited by12 opinions
- People ex rel. Crawford v. LothropSupreme Court of Colorado · 1877
- Seattle National Bank v. CarterWashington Supreme Court · 1895
- Bell v. BrownCalifornia Supreme Court · 1863
- Taylor v. RichardsThe Superior Court of New York City · 1863
- Daniels v. StockColorado Court of Appeals · 1912
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