Bissell v. Press Publishing Co.
New York Supreme Court
Appeal from special term, New York county. Action of libel by Champion Bissell against the Press Publishing Company. Plaintiff appeals from a judgment overruling his demurrer to the second and third partial defenses set forth in the amended answer.
1Opinion of the CourtBarrett, J.
The action is for libel. The complaint sets forth several causes of action. The answer commences with a general denial. It then al*394leges that, so far as the publications set forth in the seventh and eighth causes of action purport to be accounts of proceedings before a police justice, the same were fair, true, and. correct accounts of such proceedings, and were published without malice, and in the belief that they were true. Upon this it is further alleged that such publications were privileged, and are not actionable. These defenses are not specifically pleaded in mitigation of damages. They…
2Cases cited1 opinion
- Van Benschoten v. YapleNew York Supreme Court · 1855
3Cited by3 opinions
- Lauder v. JonesNorth Dakota Supreme Court · 1904
- Cole v. BeylandNew York Supreme Court · 1901
- Sawyer v. BennettNew York Supreme Court · 1892