Xavier v. Oliver
Appellate Division of the Supreme Court of the State of New York
Cross-appeals by the plaintiff, Henry F. Xavier, and by the < defendants, John W. Oliver and another, from an interlocutory judgment of the Supreme Court, entered in the office of the clerk of the county of Westchester on the 1st day of April, 1902, upon the decision of the court, rendered after a trial at the Westchester Special Term, overruling a demurrer to the separate and partial defense, and sustaining a demurrer to the separate and second defense contained in the…
Read the full summary
Cross-appeals by the plaintiff, Henry F. Xavier, and by the < defendants, John W. Oliver and another, from an interlocutory judgment of the Supreme Court, entered in the office of the clerk of the county of Westchester on the 1st day of April, 1902, upon the decision of the court, rendered after a trial at the Westchester Special Term, overruling a demurrer to the separate and partial defense, and sustaining a demurrer to the separate and second defense contained in the defendants’ answer.
1Opinion of the Court
Woodward, J.:
This is an action for libel. The plaintiff states a cause of action, and the defendants have answered, setting up a defense and a separate and partial defense. To both of these the plaintiff interposes a demurrer. The learned court at Special Term holds, and properly, we believe, that the matter pleaded as a defense does not in law constitute a defense to the action. The same matter is pleaded as a partial defense, and the court holds that this does contain facts which may be proved in mitigation of damages under the provisions of section 536 of the Code of Civil Procedure, and…
2Cases cited1 opinion
- Young v. FoxAppellate Division of the Supreme Court of the State of New York · 1898
3Cited by5 opinions
- Bingham v. GaynorAppellate Division of the Supreme Court of the State of New York · 1910
- Verges v. News Syndicate Co.District Court, S.D. New York · 1951
- Keller v. American Bottlers' Publishing Co.Appellate Division of the Supreme Court of the State of New York · 1910
- Schieffelin v. HylanAppellate Division of the Supreme Court of the State of New York · 1923
- Schieffelin v. HylanNew York Supreme Court · 1925