Hess v. New York Press Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, the New York Press Company (Limited), from an order of the Supreme Court, made at the New York Special Term bearing'date the 15th day of October, 1897, and entered in the office, of the clerk of the county of New York, striking out portions of the amended answer as irrelevant, redundant • and scandalous. • ■
1Opinion of the Court
O’Brien, J.:
The action is for libel, consisting in the publication of a series of articles concerning the plaintiff in the fall of 1896 while he was the Republican candidate for member of Congress. Some of the charges were specific in character; others, general. It is insisted that the portions of the answer stricken out were pleaded in mitigation of damages with respect to the general charges made, and were directed to showing that the defendant acted in good faith, without malice, in the belief that the assertions concerning the plaintiff were true, and that such assertions were made with…
2Cited by4 opinions
- Sharon v. Time, Inc.District Court, S.D. New York · 1984
- Goodrow v. New York American, Inc.Appellate Division of the Supreme Court of the State of New York · 1931
- Burnham v. FranklinNew York Supreme Court · 1904
- Udovichky v. BacheffAppellate Division of the Supreme Court of the State of New York · 1921