Bettner v. Holt

Citations

• 70 Cal. 270
• 11 P. 713
• 1886 Cal. LEXIS 779

Syllabus

<p>Libel—Breach of Trust by-Agent—False Publication Charging is Libelous — Obloquy. — The action was brought to recover damages for an alleged libel. The plaintiff, as the agent of certain residents of the town of Riverside, who were interested in the cultivation of fruit, had taken specimens of fruit grown by them for exhibition at the World’s Fair in New Orleans. The alleged libel consisted in the publication in a newspaper of an article, quoted in the opinion, in which the conduct of the plaintiff as such agent was severely criticised. The complaint alleged that the article intended to charge, and was so understood by its readers, that the plaintiff, in violation of Ms trust, had corruptly failed to make a proper exhibit of fruit sent by the contributors, but had appropriated it himself, and entered it in his own name and for his own benefit; that the exhibit had not been conducted in an honorable or upright manner, and that he had failed to make any report of his actions as such agent, because the report, if given, would disclose his corrupt and dishonest acts. Held, that the article was calculated to expose the plaintiff to obloquy, and if false, was libelous.</p> <p>Id. —Obloquy Defined. —To expose a person to obloquy is to expose him to censure and reproach.</p>