W. T. Hanson Co. v. Collier
Appellate Division of the Supreme Court of the State of New York
.. -Appeal by-the defendants, Peter F.. Collier and another, from an order of the Supreme Court, made at the Saratoga Special Term and entered in the office of the clerk of the county'of Schenectady On the 30th day of October, 1906, striking out the llth, 12th and 13th paragraphs of the defendants’ answer as irrelevant and redundant.
1Opinion of the Court
Kellogg, J.:
The action is for libel in publishing certain articles derogatory to the plaintiff’s “ pink pills for pale people.” The 10th paragraph of the answer is a denial of the allegations not admitted. The 11th paragraph begins, “ The above-named' defendants further answer ing said complaint, and for a second further answer and defense allege,” and the 11th, 12th ' and 13th paragraphs are evidently intended as one answer and défense. This answer' alleges facts' which, if stated as a partial, defense, would be held relevant and proper for that purpose. But, not being stated as a partial…
2Cases cited2 opinions
- Uggla v. BrokawAppellate Division of the Supreme Court of the State of New York · 1902
- Persch v. WeidemanAppellate Division of the Supreme Court of the State of New York · 1905
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- Slate v. EastmanSouth Dakota Supreme Court · 1922
- Tierney v. Helvetia Swiss Fire InsuranceAppellate Division of the Supreme Court of the State of New York · 1908