McKane v. Brooklyn Citizen
New York Supreme Court
Appeal from special term, Kings county. This was an action for libel brought by John T. McKane against the Brooklyn Citizen, the libelous matter charged being that plaintiff had been guilty of taking bribes in his capacity of supervisor of the town of Gravesend, and of other acts of corruption and fraud. Defendant appeals from an order striking out portions of its answer as irrelevant.
1Opinion of the CourtBarnard, P. J.
The complaint avers a publication by defendant of language alleged to be libelous. Portions of the libelous article or communication impute the commission of crimes by defendant. One is quite specific. The answer avers that the article was published as a communication from one Tilson. The specific charge of crime is not justified specifically. A justification must specify facts tending to show the truth of the charge. A general averment of the truth of the libel is not a proper pleading, either before or after the Code. Tilson v. Clark, 45 Barb. 178. The answer should state time, place, and…
2Cases cited3 opinions
- Wachter v. . QuenzerNew York Court of Appeals · 1864
- Andrews v. VanduzerNew York Supreme Court · 1814
- Tilson v. ClarkNew York Supreme Court · 1865
3Cited by8 opinions
- Meeker v. Post Printing & Publishing Co.Supreme Court of Colorado · 1913
- Shanks v. StumpfNew York Supreme Court · 1898
- Nunnally v. Mail & Express Co.Appellate Division of the Supreme Court of the State of New York · 1906
- Lanphere v. ClarkNew York Supreme Court · 1894
- Brush v. BlotAppellate Division of the Supreme Court of the State of New York · 1897
3 more not listed; retrieve them via the Exa API.