Maynard v. Fireman's Fund Insurance

Citations

• 47 Cal. 207

Syllabus

<p>Wobds not Libelous pek se.—The words “this Company, for good and sufficient reasons, has resolved to dismiss D. D. Maynard from its service,’’ are not libelous per se, when entered on its books by an Insurance Company, and published concerning one of its agents.</p> <p>A Libel as to a Cobpoeation.—A trade corporation may be made responsible for a libel.</p> <p>Complaint fob Libel.—When words which are not libelous per se contain a covert meaning which makes them libelous, it is necessary for the plaintiff to aver in his complaint that the words were intended by the defendant to be understood as imputing wrong doing to the plaintiff, and that they were, in fact, so understood by those who read them.</p> <p>Sufficient Complaint fob Libel.—A complaint for a libel, in which the words alleged to be libelous are not libelous per se, sufficiently avers that the words were intended by the defendant to be understood, and were understood by those who read them, to impute dishonesty to the plaintiff, if it avers that the defendant, intending to injure the plaintiff, falsely and maliciously published the libelous words, thereby meaning, and wishing to have it understood, that the plaintiff was dishonest; and that the libel was read by the acquaintance of the plaintiff, and business men, who, by reason thereof, are unwilling to employ the plaintiff, and believe that he is dishonest and unfit to be trusted.</p>