Schubert v. Richter
Wisconsin Supreme Court
Appeal from an order of the superior court of Milwaukee .county: J. C. Ludwig-, Judge. The complaint alleges, in effect, that on March 1, 1894, ¡the firm of Richter, Schubert & Dick, then conducting a .■general real-estate, loan, and insurance business, in Milwaukee, as copartners, made their promissory note in writing, bearing date on that day, for $2,274.33, payable one year •.after date, to one Joseph Elanner, with interest, and there'upon delivered the same to said…
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Appeal from an order of the superior court of Milwaukee .county: J. C. Ludwig-, Judge. The complaint alleges, in effect, that on March 1, 1894, ¡the firm of Richter, Schubert & Dick, then conducting a .■general real-estate, loan, and insurance business, in Milwaukee, as copartners, made their promissory note in writing, bearing date on that day, for $2,274.33, payable one year •.after date, to one Joseph Elanner, with interest, and there'upon delivered the same to said Flanner for full value; that ¡thereafter, and before maturity of said note, said Elanner .sold and delivered the same to this…
1Opinion of the CourtCassoday, C. J.
The complaint entirely fails to state or allege what particular words were spoken by the defendant which the plaintiff claims were defamatory. It merely states-the pleader’s inferences or conclusions, drawn from something supposed to have been said, but not alleged. “ The-words in which the slander is conveyed must be stated in-the complaint, in order that the court may judge whether they constitute a ground of action, and also because the defendant is entitled to know the precise charge against him,, and cannot shape his case until he knows. It is not sufficient to set forth the tenor or…
2Cases cited5 opinions
- K v. HWisconsin Supreme Court · 1866
- Schild v. LeglerWisconsin Supreme Court · 1892
- Simonsen v. Herold Co.Wisconsin Supreme Court · 1884
- Zeig v. OrtWisconsin Supreme Court · 1850
- Pelzer v. BenishWisconsin Supreme Court · 1886
3Cited by3 opinions
- Olston v. HallockWisconsin Supreme Court · 1972
- Schaffhauser Bros. v. HemmerSupreme Court of Iowa · 1911
- Kloths v. HessWisconsin Supreme Court · 1906