Hanson v. Bristow

Citations

• 87 Kan. 72
• 123 P. 725
• 1912 Kan. LEXIS 91

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Libel — Newspaper Statement — Truth Admitted, — Innuendo. An action for libel will not lie for publishing in a newspaper a statement, admitted to be true, to the effect that the plaintiff, a practicing attorney, was sent to jail for contempt of court, whether the court had or had not jurisdiction of the proceedings out of which the alleged contempt arose, and regardless of whether or not the plaintiff was in fact innocent of the offense for which the court imposed such imprisonment.</p> <p>2. -Same. The statement in a newspaper that the plaintiff, a practicing attorney, was a witness before the court and “refused to answer the court’s questions as to what he had done with the money which he had collected for the estate, which he had not turned over to the proper parties,” is held not to charge plaintiff with the crime of embezzlement or with misconduct as an attorney, and therefore is not libelous per se.</p> <p>3. - Same. The following was published in ‘reference to the plaintiff:</p> <p>“Hanson was one of the attorneys in the Linderholm case, and in closing up the estate it became necessary that Mr. Hanson should tell what had become of certain funds. Mr. Hanson refused to make any explanation to the probate court, and the court ordered him to jail for contempt.”</p> <p>Held, that the statement can not be made to appear libelous by an innuendo alleging that it was thereby intended to charge that plaintiff was guilty of the crime of embezzlement and of unprofessional conduct.</p>