Cary v. Allen
Wisconsin Supreme Court
APPEAL from the Circuit Court for Winnebago County. Action for libel, originally brought by Mrs. Florence A. JBechwith, who subsequently intermarried with one Cary, who was then joined as a plaintiff in the suit.
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APPEAL from the Circuit Court for Winnebago County. Action for libel, originally brought by Mrs. Florence A. JBechwith, who subsequently intermarried with one Cary, who was then joined as a plaintiff in the suit. The complaint alleged that the defendants Allen and Mióles were editors, proprietors and printers of the “Daily Northwestern,” a daily newspaper published in the English language, in the city of Oshkosh, and of general circulation in that city; that plaintiff was the widow of the late Nelson Beckwith (mentioned in the article hereinafter set forth), and that she was a single woman…
1Opinion of the CourtCole, J.
We think the publication set forth in the complaint is libelous. It is not clear upon its face that it charges the plaintiff with being connected with or implicated in the frauds and crimes committed by Howard. There is considerable ambiguity in the language used in the commencement of the article, and it is doubtful what it means, or to what it refers. The ambiguity might have been explained by a proper averment or colloquium making clear what is doubtfully expressed. The article commences as follows: “Deeper Dyed. The A. H. Howard matter deepening into dark deeds. Forgery discovered. Grave…
2Cases cited3 opinions
- Van Vechten v. HopkinsNew York Supreme Court · 1809
- Colby v. ReynoldsSupreme Court of Vermont · 1834
- Cramer v. NoonanWisconsin Supreme Court · 1856
3Cited by2 opinions
- Bowe v. RogersWisconsin Supreme Court · 1880
- Shaw v. Crandon Printing Co.Wisconsin Supreme Court · 1913