Brown v. McArthur
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, .Margaret Brown, from an interlocutory judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the countytof' Washington on the 3d day of November, 1904 (as amended by an order entered in said clerk’s office on the 15th day of February, 1905), upon the decision of the court, rendered after a trial at the Saratoga Special Term, overruling the plaintiff’s demurrer to the third defense in the defendant’s amended…
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Appeal by the plaintiff, .Margaret Brown, from an interlocutory judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the countytof' Washington on the 3d day of November, 1904 (as amended by an order entered in said clerk’s office on the 15th day of February, 1905), upon the decision of the court, rendered after a trial at the Saratoga Special Term, overruling the plaintiff’s demurrer to the third defense in the defendant’s amended answer.
1Opinion of the Court
Houghton, J.:
In an action for libel, with malice, the defendant plead ás a separate defense and in mitigation “ that the matters and things stated in the complaint were reported and believed in and about the village of Granville, prior to the time of said, publication. That as defendant is informed and believes said publication was made in *367good faith, as a matter of news, without malice.” To this plea the plaintifE interposed a demurrer-that it was insufficient in law upon its face.
We are of opinion, that the demurrer was good and should have been sustained. While it is trae that the rules by…
2Cases cited4 opinions
- Mattice v. . WilcoxNew York Court of Appeals · 1895
- Wenk v. . City of New YorkNew York Court of Appeals · 1902
- Morgan v. BennettAppellate Division of the Supreme Court of the State of New York · 1899
- Morse v. Press Publishing Co.Appellate Division of the Supreme Court of the State of New York · 1901