McAvoy v. Press Publishing Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Press Publishing 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 26th day of June, 1914, striking out certain allegations contained in the amended answer as irrelevant and requiring defendant to serve a further amended answer omitting said allegations and stating separately the facts which it claims constitute a complete defense and those which it…
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Appeal by the defendant, Press Publishing 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 26th day of June, 1914, striking out certain allegations contained in the amended answer as irrelevant and requiring defendant to serve a further amended answer omitting said allegations and stating separately the facts which it claims constitute a complete defense and those which it claims constitute a partial defense and omitting from the complete defense the denials of the allegations of the…
1Opinion of the Court
Laughlin, J.:
This is an action for libel. The defendant pleaded certain facts under-the heading, “Fora First Separate and Distinct Defense Herein both Whole and Partial. ” It therein repeated certain denials of material allegations of the complaint, which rendered it impossible for the plaintiff to test, either by demurrer or by motion for judgment on the pleadings, the sufficiency of the matters pleaded as a complete defense. The learned Special Term was, therefore, right in holding that the denials were improperly incorporated with facts pleaded as a complete defense, and that plaintiff was…
2Cases cited4 opinions
- Bradner v. . FaulknerNew York Court of Appeals · 1883
- Haffen v. Tribune Ass'nAppellate Division of the Supreme Court of the State of New York · 1908
- Stokes v. Star Co.Appellate Division of the Supreme Court of the State of New York · 1902
- Waltham Manufacturing Co. v. BradyAppellate Division of the Supreme Court of the State of New York · 1901
3Cited by4 opinions
- McDonald v. Press Publishing Co.Appellate Division of the Supreme Court of the State of New York · 1916
- Hains v. New York Evening Journal, Inc.New York Supreme Court · 1930
- Melman v. News Syndicate Co.Appellate Division of the Supreme Court of the State of New York · 1933
- Mcinerney v. New York World Telegram Corp.New York Supreme Court · 1937