Chambers v. Leiser

Citations

• 43 Wash. 285
• 86 P. 627
• 1906 Wash. LEXIS 692

Syllabus

<p>Libel — Words Libelous pee se. Where one stockholder in a corporation wrote to another stockholder and friend that the plaintiff, a third stockholder, was attempting to wreck the corporation, had defrauded it by turning over to it worthless land for $1,000, for which criminal proceedings should be instituted, and that the writer’s opinion, as a physician, was that the plaintiff, a physician, was a little daft, is libelous per se, establishing a prima facie cause of action.</p> <p>Same — Pbivileoed Communications — Stockholdees. Such a letter between stockholders is privileged if made in good faith and without showing on its face malice, reckless disregard for the truth, or abuse of the privilege; and overcomes the presumption of malice from an article libelous per se.</p> <p>Same — Privilege—Malice—Bubden of Pboof. Upon the publication of matter libelous per se respecting a stockholder in a corporation, which appeared on its face to be privileged by reason of being made between other stockholders respecting the business of the corporation, the burden of proof is upon the plaintiff to show malice or abuse of privilege, or the inclusion of false and libelous matter not pertinent to or reasonably necessary to the matter in hand.</p>