Palmer v. Palladium Printing Co.
Appellate Division of the Supreme Court of the State of New York
Aepeal by the defendant, the Palladium Printing Company, 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 31st day of December, 1896, striking out portions of its answer as irrelevant and redundant.
1Opinion of the Court
Ingraham, J. :
The 3d paragraph of the answer,- a portion of which was stricken out by the court below as irrelevant and redundant, is pleaded “For a third defense, and in mitigation of any damages the plaintiff may establish against the defendant.” The allegation stricken out relates to the circumstances under which the defendant, a publisher of a daily newspaper, inserted in the paper the article which is' alleged to have been libelous and the intent with which the publication was made.
By section 535 of the Code it is provided that the defendant may prove mitigating circumstances,…
2Cases cited1 opinion
- Bradner v. . FaulknerNew York Court of Appeals · 1883
3Cited by3 opinions
- Goodrow v. Press Co.Appellate Division of the Supreme Court of the State of New York · 1931
- Fingerhut v. WeinerCity of New York Municipal Court · 1933
- Russo v. HowardNew York Supreme Court · 1926