Stern v. Katz
Wisconsin Supreme Court
APPEAL from the Circuit Court for Milwaukee County. Action for slander. It is alleged in the complaint that the parties had been partners in business, and had agreed to terminate that relation, but were unable to settle their partnership affairs, and that thereupon they submitted the matters of difference arising on their final accounting, to the decision of three arbitrators, who made an award in writing, wherein and whereby, among other things, it is found and determined…
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APPEAL from the Circuit Court for Milwaukee County. Action for slander. It is alleged in the complaint that the parties had been partners in business, and had agreed to terminate that relation, but were unable to settle their partnership affairs, and that thereupon they submitted the matters of difference arising on their final accounting, to the decision of three arbitrators, who made an award in writing, wherein and whereby, among other things, it is found and determined as follows: “ H. Katz claims that it was wrong to charge interest and rent up semi-annually. We consider this claim not…
1Opinion of the CourtLyon, J.
The words charged in the complaint to have been spoken by the defendant of and concerning the plaintiff, standing alone and not being qualified by averment, are slanderous per se, in that they import a charge of crime. Yet were there averments in the complaint showing that the words were spoken and understood merely as charging that the plaintiff had made false entries in the account books of the firm, and in that manner alone had stolen from the defendant, and in that sense alone was a thief, the words would not be actionable perse, and in the absence of averment of special damage the…
2Cases cited2 opinions
- Weil v. SchmidtWisconsin Supreme Court · 1871
- Filber v. DautermannWisconsin Supreme Court · 1871
3Cited by2 opinions
- Robertson v. EdelsteinWisconsin Supreme Court · 1899
- Egan v. SemradWisconsin Supreme Court · 1902