Noonan v. Orton
Wisconsin Supreme Court
APPEAL from tlie County Court of Milwaukee County. Noonan brought bis action against Orton for slander, the complaint also containing a count in libel.
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APPEAL from tlie County Court of Milwaukee County. Noonan brought bis action against Orton for slander, the complaint also containing a count in libel. The first count of the complaint, in slander, alleged, in substance, that Noonan and one McNab were the owners of a certain paper mill, which was destroyed by fire on the 6th of July, 1869, the mill being insured at the time of the fire in favor of said owners, to the amount of $14,500; that proofs of loss were sworn to by Noonan and McNab severally, stating that the fire occurred without fault of either of them, and that the property…
1Opinion of the CourtDixoN, C. J.
Where the language spoken or written concerning partners in their partnership business is actionable per se, either partner may sue separately to recover damages for the injury sustained by him. The authorities in some instances go even much farther than this in upholding the right of separate action, but so far, at least, we think there can be no doubt. Townshend on Slander and Libel, § 185.
The first count of the complaint charges the speaking of words which, if spoken without excuse or justification, are actionable per se; and the second count charges the writing of similar words. The…
2Cited by16 opinions
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- Denver Public Warehouse Co. v. HollowaySupreme Court of Colorado · 1905
- Curtis J. Robison v. Charles Lescrenier and Gammex, Inc., a Wisconsin Corporation, DefendantsCourt of Appeals for the Seventh Circuit · 1983
- Rude v. NassWisconsin Supreme Court · 1891
- Keeley v. Great Northern Railway Co.Wisconsin Supreme Court · 1914
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