Matthews v. Moses S.
New York Court of Appeals
This was an. action for libel brought in the superior court of the city of New York, and tried before Mr. Justice Campbell in May, 1851, when a verdict was rendered against the defendants, upon which a judgment was entered, which was affirmed by the court at a general term. The defendants appealed therefrom to this court. The facts upon which the question disposed of here arose sufficiently appear in the opinion.
1Opinion of the Court
The opinion of the court was delivered by P. Ruggles, Ch. J.
J. The defendants in their answer set up two distinct defences; first, a denial of the publication of the libel; and secondly, a justification or excuse. The first defence was good if true in fact. The second, as stated in the answer, was bad. The plaintiff’s demurrer to the defendants’ answer purported in its commencement to be a demurrer to the whole answer. But for the purpose of assigning his grounds of demurrer, the plaintiff distinctly set forth and specified that part of the answer in which the bad defence was set up, and…
2Cited by3 opinions
- Thompson v. . HalbertNew York Court of Appeals · 1888
- Mott v. De NiscoAppellate Division of the Supreme Court of the State of New York · 1905
- Mathews v. BeachNew York Court of Appeals · 1853