33 S.W.2d 39 | Ark. | 1930
Appellant, who is a reputable lawyer of Searcy, Arkansas, sued appellees for damages, alleging that they had libeled him by writing, mailing and causing to be delivered the following letter:
"August 20, 1926.
"J. C. Wyatt, Sec'y Treas., "Union Trust Co., "Carthage, Mo. *932
"Dear Sir: We are in receipt of your letter of the 18th asking information concerning J. N. Rachels, attorney, of Searcy, Ark.
"Mr. Rachels has lived in Searcy for the past twenty years. During this time he has been engaged in the practice of law. For four years he was district attorney; this position he filled with fair credit and satisfaction. Since that time he doesn't seem to have gotten on very well. He claims to have lost some money in the oil business. We have found it necessary to charge off some notes that he, owed this bank as they were uncollectable. Would suggest rather conservative dealings with him.
"We ask that you keep this information strictly confidential. We really prefer your destroying this letter after it has served its purpose.
"Yours truly, "J. H. Deener, Vice Pres."
It is alleged that the contents of said letter were false and malicious and known to be false by appellees; that it was written for the purpose of injuring him in his good reputation, and of destroying confidence in him as a lawyer; and that it constituted a libel on his character and reputation to his damage in the sum of $10,000, for which amount he prayed judgment. A demurrer was interposed and sustained to this complaint, one of the grounds of which was "because the instrument set out in said complaint is not actionable, per se, and the complaint fails to allege any specific damage sustained by plaintiff." Appellant declined to plead further, and his complaint was dismissed. Hence this appeal.
Was the publication of the above letter libelous per se? If so, the demurrer was improperly sustained; but, if not so, then the complaint was open to demurrer in the absence of an allegation of special damages. Honea v. King,
The words used not being libelous per se, and there being no allegation of special damages, the complaint failed to state a cause of action, and the demurrer was properly sustained.
Affirmed.