Legal Opinion

Konkle v. Haven

Michigan Supreme Court

Decided June 8, 1905No. Docket No. 123PublishedCited by 16 opinions

Error to Van Burén; Carr, J. Case by Israel Konkle against John M. Haven and Hattie A. Haven for libel. There was judgment for plaintiff, and defendants bring error. This is an action of libel, based upon the following publication : “From John M. Haven, “Bloomingdale, “Van Burén County, Michigan. “ Bloomingdale, October 18,1903. “ To the Elders of the Church of Christ, “ Hillsburg, Ontario, Canada.

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Error to Van Burén; Carr, J. Case by Israel Konkle against John M. Haven and Hattie A. Haven for libel. There was judgment for plaintiff, and defendants bring error. This is an action of libel, based upon the following publication : “From John M. Haven, “Bloomingdale, “Van Burén County, Michigan. “ Bloomingdale, October 18,1903. “ To the Elders of the Church of Christ, “ Hillsburg, Ontario, Canada. “Dear Sisters and Brothers: We see by our local paper, the Bloomingdale Leader, that (Rev.) L Konkle is to go to your place to act as pastor of your local church. “ Now, as a people who wish to see…

1Opinion of the CourtGrant, J.

(after stating the facts). The judgment must be reversed for several errors.

1. There was no proof that defendant Mrs. Haven signed the letter or took any part in its publication. Evidence was introduced identifying the signature of Mr. Haven. The facts that defendant Hattie was the wife of her codefendant, and was therefore on intimate relations with him; that they did not attend church after some difficulty arose in it; that she had made statements derogatory of the character of the plaintiff and his family to a third person — are no evidence that she signed the letter. Without such evidence…

2Cases cited3 opinions

  1. Bacon v. Michigan Central RailroadMichigan Supreme Court · 1887
  2. Edwards v. ChandlerMichigan Supreme Court · 1866
  3. Howard v. DickieMichigan Supreme Court · 1899

3Cited by16 opinions

  1. Nuyen v. SlaterMichigan Supreme Court · 1964
  2. Grist v. Upjohn CompanyMichigan Court of Appeals · 1969
  3. Bufalino v. Maxon Brothers, Inc.Michigan Supreme Court · 1962
  4. Bostetter v. Kirsch CompanyMichigan Supreme Court · 1948
  5. Trimble v. MorrishMichigan Supreme Court · 1908

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