Goff v. Star Printing Co.
New York Supreme Court
These actions, four in all, were brought to recover $25,000 damages in each case, aggregating $100,000, for the publication in the “ Star ” newspaper of an article concerning the plaintiffs, alleged by them to be libelous. The four ■complaints were duly verified. The defendant answered in each case; the answers containing with other defenses, a •“ general denial ” of all the allegations of the several complaints. The answers were not verified.
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These actions, four in all, were brought to recover $25,000 damages in each case, aggregating $100,000, for the publication in the “ Star ” newspaper of an article concerning the plaintiffs, alleged by them to be libelous. The four ■complaints were duly verified. The defendant answered in each case; the answers containing with other defenses, a •“ general denial ” of all the allegations of the several complaints. The answers were not verified. On being served plaintiff’s attorney gave admission of due and timely service, hut within two or three days gave notice to defendant’s attorney that…
1Opinion of the CourtO’Brien, J.
These actions, as shown by the complaints, .are for alleged libels. The answers are unverified. Section 523 of the Code of Civil Procedure provides that “the verification may be omitted where the .party pleading would be privileged from testifying as a witness- concerning an allegation or denial contained in the pleading.”
Some of the cases are to the effect that the court will not assume, merely from the pleadings, that the reason why an answer was not verified was, that the party answering would be privileged from testifying as a witness, and it therefore seemed proper that where this right…
2Cases cited2 opinions
- Clapper v. FitzpatrickNew York Supreme Court · 1848
- Wheeler v. DixonNew York Supreme Court · 1856
3Cited by5 opinions
- King v. TerwilligerAppellate Division of the Supreme Court of the State of New York · 1940
- Batterman v. Journal Co.New York Supreme Court · 1899
- Rutherford v. KrauseNew York Supreme Court · 1894
- Simon v. American Tobacco Co.U.S. Circuit Court for the District of Southern New York · 1911
- Simon v. American Tobacco Co.U.S. Circuit Court for the District of Southern New York · 1911