Bingham v. . Gaynor
New York Court of Appeals
Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the first judicial department, entered December 30, 1910, which reversed an interlocutory judgment of Special Term overruling a demurrer to the separate defenses contained in the answer and sustained such demurrer.
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Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the first judicial department, entered December 30, 1910, which reversed an interlocutory judgment of Special Term overruling a demurrer to the separate defenses contained in the answer and sustained such demurrer. The following questions were certified: “1. Is that portion of the defendant’s amended answer contained in paragraph numbered c I ’ thereof, and designated as a ‘defense,’ insufficient in law upon the face thereof? “2. Is that portion of defendant’s amended answer designated as c a further…
1Opinion of the CourtChase, J.
I concur in the result reached by the Appellate Division. I also concur in the opinion of that court as written by McBattghlin, J., except as it is qualified by what I shall say in this opinion.
A person on an occasion that rebuts any presumption of express malice may publish statements, although defamatory of the person referred to in the communication, if he does so in the performance of a legal or moral duty and in good faith believing that such statements so made by him are true, without being liable for damages arising from such publication. The rule of law that permits such publications…
2Cases cited5 opinions
- Byam v. . CollinsNew York Court of Appeals · 1888
- Hunt v. . BennettNew York Court of Appeals · 1859
- Wachter v. . QuenzerNew York Court of Appeals · 1864
- Sunderlin v. . BradstreetNew York Court of Appeals · 1871
- Woods v. . WimanNew York Court of Appeals · 1890
3Cited by81 opinions
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- Stukuls v. State of New YorkNew York Court of Appeals · 1977
- Andrews v. . GardinerNew York Court of Appeals · 1918
- Phyllis MELOFF, Plaintiff-Appellant, v. NEW YORK LIFE INSURANCE COMPANY, Defendant-AppelleeCourt of Appeals for the Second Circuit · 1995
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