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Keywords

plaintiffdefendantmotionmotion to dismiss

plaintiffdefendantpleamotionmotion to dismiss

Related Cases

Ostro v. Safir, nan

Facts

The defendants mailed a postcard to the plaintiff on July 23, 1937, which contained a request for payment regarding a 'rubber check' previously sent by the plaintiff. The plaintiff filed a complaint alleging libel and slander based on the postcard's content. The defendants raised multiple defenses, prompting the plaintiff to move to strike these defenses.

The libel consists of the statement that the defendant gave a ‘rubber check.‘

Issue

The main legal issues are whether the sending of a postcard constitutes publication in a libel case and whether the defense of truth regarding the term 'rubber check' is sufficient.

The plaintiff claims that the fourth defense is insufficient. It is a defense of truth.

Rule

The court held that sending a postcard through the mail is considered publication as a matter of law. Additionally, the court noted that the definition of 'rubber check' is not firmly established and may require jury interpretation.

This court holds that it is a publication as a matter of law.

Analysis

The court analyzed the first defense, determining that the claim of non-publication was insufficient and granted the motion to strike it. For the second and third defenses, which were affirmative denials, the court found them to be valid and denied the motion to strike. Regarding the fourth defense, the court recognized the ambiguity of the term 'rubber check' and concluded that it was a matter for the jury to decide, thus denying the motion to dismiss this defense.

The motion to strike out this defense is granted, without leave to replead.

Conclusion

The court granted the motion to strike out the first defense but denied the motions to strike the second, third, and fourth defenses.

The motion to dismiss the fourth defense is denied.

Who won?

The plaintiff prevailed in striking out the first defense due to the court's ruling on publication, while the defendants prevailed in maintaining the second, third, and fourth defenses.

The motion to strike out these defenses is denied.

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Keywords

Related Cases

Nostrame v. Santiago, 213 N.J. 109, 61 A.3d 893

Geary v. Goldstein, 831 F.Supp. 269, 21 Media L. Rep. 1906

Burnette v. Wahl, 284 Or. 705, 588 P.2d 1105

Lynch v. Rosenthal, 396 S.W.2d 272

Wilson v. Goodrich, 218 Iowa 462, 252 N.W. 142