Moody v. Libbey

[After remarking that plaintiff had submitted no brief.]—I have come to the conclusion to deny the motion. Many of the matters sought to be stricken out by the plaintiff are good by way of justification, and those which are not, are good by way of mitigation, and as bearing upon the question of malice (Jeffras v. McKillop & Sprague Co., 2 Hun, 351; Bush v. Prosser, 11 N. Y. 347; Bisbey v. Shaw, 12 Id. 67; Steinman v. Clark, 10 Abb. Pr. 132).

Motion denied with $10 costs.