Kunz v. Silver

Plaintiffs are husband and wife. The first cause of action, in behalf of the plaintiff wife, alleges that the defendants defamed her by falsely accusing her of committing adultery with the husband of defendant Silver. The libel was allegedly published by the defendant Silver in her complaint in an action for divorce, and by the defendant Ostrow in an affidavit made by him in support of defendant Silver’s application for temporary alimony. Were these the only charges of publication, the action would have to be dismissed, for there can be no question that a charge of adultery is pertinent to an…