Legal Opinion

Barclay v. Culbertson

Appellate Division of the Supreme Court of the State of New York

Decided December 28, 1934PublishedCited by 2 opinions

1Per curiam

We are of opinion that the fourth complete defense and the fifth partial defense are sufficient and that the order appealed from striking out these defenses should be modified accordingly. The fourth defense is a plea of fair comment, in which the defendants allege that the facts contained in the article which is claimed to be libelous are true and that the conclusions or deductions from these facts constitute fair comment, expressed without malice, concerning the plaintiff’s qualifications as a critic of the game of bridge and concerning the article theretofore published by him. Such a…

2Cases cited2 opinions

  1. Fleckenstein v. FriedmanNew York Court of Appeals · 1934
  2. Foley v. Press Publishing Co.Appellate Division of the Supreme Court of the State of New York · 1929

3Cited by2 opinions

  1. Mencher v. ChesleyNew York Supreme Court · 1948
  2. Klein v. BibenNew York Supreme Court · 1947

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