Appellate Division of the Supreme Court of the State of New York February 11, 1903 (Xavier v. Oliver)

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.