Cheatum v. Wehle

Vast Voorhis, J. (concurring in part).

The present appeal concerns only questions of pleading. The merits of the controversy are not before us for decision. The error in the order appealed from, in my judgment, consists in striking out the defenses of fair comment and of qualified privilege. Unless these defenses are allowed to stand, it is presumed that the words were false, uttered in malice and that plaintiff has been damaged (Corrigan v. Bobbs-Merrill Co., 228 N. Y. 58; Byam v. Collins, 111 N. Y. 143, 158; Hunt v. Bennett, 19 N. Y. 173, 176; Devoy v. Irish World & Amer. Ind. Liberator Co.,…