Wuensch v. Morning Journal Ass'n
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, August Wuensch, from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 5th day of March, 1896, denying the plaintiff’s motion to strike out certain paragraphs of the defendant’s second amended answer as redundant, irrelevant and scandalous. The action was brought to recover damages for an alleged libel.
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Appeal by the plaintiff, August Wuensch, from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 5th day of March, 1896, denying the plaintiff’s motion to strike out certain paragraphs of the defendant’s second amended answer as redundant, irrelevant and scandalous. The action was brought to recover damages for an alleged libel. The article alleged to have been libelous was published in the Morgen Journal, a German newspaper conducted by the defendant in New York city. The article was of considerable length…
1Opinion of the Court
Williams, J.:
Paragraphs 17 to 20, both inclusive, are a part of the second defense in the answer, and are alleged in justification of portions of the alleged libelous publication. They are proper allegations for this purpose as will appear from a mere reading of the publication and the allegations. They allege matters which defendant desires to prove, to show the truth of some of the matters published, and being proper for such purpose should not be stricken out even if they are in their nature scandalous.
Paragraphs 21 to 23, both inclusive, repeat these same allegations and add other…
2Cited by5 opinions
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