195 A.D. 860 | N.Y. App. Div. | 1921
The action is for libel in maliciously composing and mailing to the plaintiff’s husband a letter reflecting on her chastity. The amended answer puts in issue the allegations of the complaint with respect to the plaintiff’s marriage and those charging that he composed and mailed the letter and his purpose in so doing, and pleads one separate and distinct defense, two partial defenses by way of mitigation, two separate and distinct defenses and the same facts by way of mitigation, one separate and partial defense by way of mitigation, and six separate and distinct defenses and counterclaims combined. The plaintiff demurred to each of, the six combined defenses and counterclaims on the grounds that as defenses they were insufficient and as counterclaims they were unauthorized, in that they did not grow out of the transaction ser forth in the complaint, and are not connected with the subject of the action; and also that they fail to state facts sufficient to constitute a cause of action. The appeal, therefore, relates only to the six combined defenses and counterclaims. The
It is difficult to understand on what theory it is claimed that these alleged slanders of the defendant by the plaintiff constitute a defense to the action for libel. Plainly the alleged slanders subsequent to the libel could in no view constitute a justification therefor; and with reference to those which preceded the libel, it is not even charged that the libelous letter was written in answer thereto or was provoked thereby. (See Maynard v. Beardsley, 7 Wend. 560; Lee v.
The order should be reversed, with ten dollars costs and disbursements, and motion granted, with ten dollars costs.
Clarke, P. J., Dowling, Smith and Greenbaum, JJ., concur.
Order reversed, with ten dollars costs and disbursements, and motion granted, with ten dollars costs.