. The complaint alleged that plaintiff " edited and controlled a publication known as the New York Produce News and that defendant was the proprietor and publisher of a similar paper called the Fruit Trade Journal and Produce Record, both of which papers circulated among persons engaged in the fruit trade, and that defendant had libeled plaintiff by publishing in his newpaper the article complained of.
The defense demurred to alleges that about one week previous to the publication of the alleged libel by defendant plaintiff had published a libelous article of and concerning one Gribson and relating to certain acts of his in the courpe of his business as a dealer in fruits, and as well of and concerning the defendant, and that the article complained of by plaintiff was composed and signed by Gribson and was published by defendant as a paid advertisement; that it did not purport to express defendant’s views or sentiments, but only purported to be Hibson’s reply to the article published by plaintiff; but that in fact it contained matter equally constituting a reply'by defendant to the plaintiff’s attack upon him, and that as such dual reply the article was true, fair and reasonable.
Regarded as a reply by defendant, the facts alleged in the answer were sufficient to show that such reply was qualifiedly privileged. (Odgers Lib. & Sland. [5th Eng. ed.] 291; Keller v. Am. Bottlers’ Pub. Co., 140 App. Div. 311; Hemmens v.
The order should be reversed, with ten dollars costs and disbursements, and the motion denied, with ten dollars costs, with leave to plaintiff to withdraw the demurrer upon payment of said costs.
Ingraham, P. J., Laughlin, Clarke and Scott, JJ., concurred.
Order reversed, with ten dollars costs and disbursements, and motion denied, with ten dollars costs, with leave to plaintiff to withdraw demurrer on payment of costs.