Mower-Hobart Co. v. R. G. Dun & Co.

Citations

• 131 F. 812
• 1904 U.S. App. LEXIS 4954

Syllabus

<p>1. Libel — Mercantile Report — Allegation oe Express Malice.</p> <p>A declaration in libel, based on a report made by defendant, as a mercantile agency, with respect to the financial standing of plaintiff, which stated, inter alia, that plaintiff’s account with the bank was “not classed as an entirely desirable one,” states a cause of action for the recovery of actual damages, without regard to the question of privilege, where it is further alleged that “the report as a whole was a false and malicious defamation of plaintiff, tended to injure it in its said business, * * * and was craftily and wickedly, falsely and maliciously, so intended and designed,” which is a sufficient allegation of express malice.</p> <p>¶ 1. See Libel and Slander, vol. 32, Cent. Dig. § 198.</p>