Vinas v. Merchants' Mutual Insurance
Supreme Court of Louisiana
APPEAL from the Fifth District Court, parish of Orleans. Bogers, J. ~We submit we have shown: First — That an Insurance Company who charges a claimant with fraud when he seeks to recover a loss upon a policy is liable in damages for slander and libel. Second — That all the-facts recited in the petition are proved.
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APPEAL from the Fifth District Court, parish of Orleans. Bogers, J. ~We submit we have shown: First — That an Insurance Company who charges a claimant with fraud when he seeks to recover a loss upon a policy is liable in damages for slander and libel. Second — That all the-facts recited in the petition are proved. Third — That the wrong done the plaintiff is aggravated by the fact that the Insurance Company procured a notorious vagabond, unworthy of belief, to substantiate the ialse charge they had made. First — This being an action for malicious prosecution, plaintiff must allege and prove —…
1Opinion of the Court
The opinion of the Court was delivered by
Bermudez, C. J.
The plaintiff claims of the defendant $20,000 damages for libel and defamation of character.
He alleges that he insured with the defendants two steam boilers of the value of $3500, and that, when he claimed the loss, the defendants charged him with fraud, with an attempt to defraud them, and that they procured a false witness, wholly and notoriously unworthy of belief, to defame him and establish their false defense.
The suit was instituted on the 7th of October, 1869. The defendants pleaded no cause of action, in this : that a corporation…
2Cases cited5 opinions
- Stewart v. SonnebornSupreme Court of the United States · 1879
- McKellar v. CouchSupreme Court of Alabama · 1859
- McLaren, Ragan & Co. v. BradfordSupreme Court of Alabama · 1855
- Ryder v. AdamsSupreme Court of Louisiana · 1833
- Escurix v. DabovalSupreme Court of Louisiana · 1839
3Cited by8 opinions
- Lescale v. Joseph Schwartz Co.Supreme Court of Louisiana · 1905
- Cooley v. GalyonTennessee Supreme Court · 1902
- Covington v. RobersonSupreme Court of Louisiana · 1903
- Gosserand v. GumbelSupreme Court of Louisiana · 1923
- Ralph's Fleet, Inc. v. American Marine Corp.Louisiana Court of Appeal · 1963
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