153 Mo. App. 684 | Mo. Ct. App. | 1911
Plaintiff’s action is for libel. She recovered judgment in tbe circuit court for five hundred dollars actual and one thousand dollars punitive damages.
It appears from the allegations of the petition that plaintiff purchased of defendant a ton of coal which
“That the said defendant, who is a subscriber to the Edgar Merchants Exchange, and whose name appears on page 21 of the 1908 May publication, maliciously, wantonly and wrongfully, without cause and for the sole purpose of injuring plaintiff’s credit and humiliating her and unlawfully forcing her to pay him said unjust claim for said coal and knowing the same to be false, caused to be published of the plaintiff in the 1908 May number of the Edgar Merchants Exchange, on page 25, the following: ‘82 Patterson 9 Mrs. 3129 Bell K. C. Mo. 2552.’ That the number 82, according to the rules of the publication, meant Kansas City, Mo., and the number 2522, according to the rules of the publication, referred to the said defendant whose name appeared opposite that number on page 21 as the subscriber who caused the name of the plaintiff to be published. That the said defendant also caused the plaintiff’s name to be put in various numbers prior to the May number, 1908, and in various numbers since up to the filing of this suit.”
At the trial two instructions were given to which defendant excepted. They submitted as one of the issues in the case, whether plaintiff was dishonest, and whether those reading the paper and finding plaintiff’s name in the “delinquent list,” would understand that such list “was composed of persons that were dishonest and unworthy of credit.” Defendant objected to these instructions on the ground that they introduced the element of dishonesty of plaintiff when that had not been charged as a part of the matter composing the libel, nor had that meaning been ascribed to it.
We think the objection well taken. The petition charges that plaintiff’s name was published in the “delinquent list,” and that to “cause a name to be printed in the delinquent list of said journal means that the person so appearing in said delinquent list is unworthy
To charge one with being “delinquent” or with being “on the black list” or with being “unworthy of credit,” does not imply dishonesty. A man might, by some accident, or misfortune, or mismanagement, become delinquent in payment or unworthy of credit, and thus find his Avay to a creditors’ “black-list,” and yet be scrupulously honest. It was a harmful error against defendant to have the latter element put into the case.
The question is placed before us, whether it is a libel per se to publish in a commercial credit paper that a boarding-house keeper (giving name), is delinquent; or is unworthy of credit. We have concluded that it is. The law, recognizing the harmful results to business flowing from a bad' name or reputation of the proprietor
Something was stated in argument tending to disparage an action for libel which affects a business said to be so inconsequential as a boarding-house keeper. But it must be borne in mind that the law is not so restricted in its terms and meanings as only to include the ordinary mercantile pursuits. It is familiar learning in the law of libel that it includes the professional man, tradesman and'artist. And it is said by the Supreme Court of Michigan (Weiss v. Whittemore, 28 Mich. 366) and by Townsend on Slander and Libel, quoted approvingly by our Supreme Court in Minter v. Bradstreet Co., supra, to include a “trade” or “employment.” And Hermann v. Bradstreet, supra, involved the libel of a brickmaker. We therefore can see no reason why the law may not be applied to a boarding-house keeper. In this case the damage is claimed to have resulted to plaintiff from a loss of credit, and it is suggested that credit' is not necessary to such business. Ordinarily credit 'is a necessity or convenience to any business which requires purchases, whether it be large or small. At least it is a right which accompanies a good business reputation and it should receive the protection of the law.
There was-no special damages alleged. But, as the publication is libelous per se, none need be alleged and general damages may be proven. [Herman v. Brad
The position of the plaintiff concerning the application of the words published, is not sufficiently definite. If it is intended that her claim of damage is to be based upon the fact that she was engaged in a business in which credit was an element of value, she should distinctly plead at the time of the publication she was engaged in the business of a boarding-house keeper
The judgment is reversed and the cause remanded.