Blecker v. Schoff

CourtUnited States State Supreme Court of Iowa
Writing for the CourtROBINSON
Citation48 N.W. 1079,83 Iowa 265
PartiesBLECKER v. SCHOFF.
Decision Date03 June 1891

83 Iowa 265
48 N.W. 1079

BLECKER
v.
SCHOFF.

Supreme Court of Iowa.

June 3, 1891.


Appeal from district court, Clinton county; C. M. WATERMAN, Judge.

Action on account of an alleged slander. There was a trial by jury and a verdict and judgment in favor of plaintiff. Defendant appeals.

[48 N.W. 1080]

P. B. Wolf, for appellant.

W. C. Grohe and Ellis & McCoy, for appellee.


ROBINSON, J.

1. The plaintiff was 20 years of age when this action was commenced, and had never been married. She alleges in her petition that in September, 1888, at or near Lost Nation, Iowa, the defendant falsely and maliciously said of and concerning her: “She gave birth to an illegitimate child while she lived in Ida Grove, Iowa, and I can prove it.” The first division of the answer contains a general denial; the second pleads matter in mitigation of damages; and the third alleges, “as a complete defense” to the action, in substance, that it was currently reported, and generally believed, at Lost Nation and vicinity, that plaintiff did give birth to a child; that defendant believed the report to be true, and whatever he said with reference to plaintiff was what he had heard as to the report, and was only said in strict confidence to one Sellers, who was at that time an intimate personal friend of defendant, who was “keeping company” with plaintiff; that all he told Sellers was that there was a rumor at Lost Nation, which was the home of plaintiff, that she had given birth to a child; that what was said to Sellers was told because he considered that Sellers had an interest in and a right to know what was said of plaintiff. A demurrer was filed, as we understand the record, to the third division of the answer erroneously described as the second, based upon three grounds, stated as follows: “(1) The said answer or count does not aver that defendant sustained any relation to said Sellers, whereby defendant was interested or would be affected in property, reputation or otherwise, on account of said Sellers keeping company with said plaintiff. (2) It is not a justification to speak falsely concerning a young lady, and ruin her character in the estimation of a young gentleman keeping her company, on account of or on the ground of friendship or protection of such gentleman's interests. (3) Said matter is pleaded as a justification or a privileged communication, and does not state facts which amount to such justification.” The error assigned as to the ruling on the demurrer is that “the...

To continue reading

Request your trial
10 practice notes
  • Atlantic Coast Line R. Co. v. Crosby
    • United States
    • United States State Supreme Court of Florida
    • February 20, 1907
    ...74 Iowa, 547, 38 N.W. 408; Anheuser-Busch Brewing Association v. Oxley, 88 Iowa, 699, 53 N.W. 1075; Blocker v. Schoff, 83 Iowa, 265, 48 N.W. 1079. This contention is untenable. The cited decisions of this court do not sustain it. In the case of St. Johns & Halifax R. R. Co. v. Shalley, supr......
  • Ott v. Murphy
    • United States
    • United States State Supreme Court of Iowa
    • May 13, 1913
    ...of the charge. Marker v. Dunn, 68 Iowa, 720, 28 N. W. 38;Clifton v. Lange, 108 Iowa, 472, 79 N. W. 276;Blocker v. Schoff, 83 Iowa, 265, 48 N. W. 1079;Wallace v. Homestead Co., 117 Iowa, 356, 90 N. W. 835. Of course, if such reports were so general and prevalent and had existed such a length......
  • Riordan v. Horton
    • United States
    • United States State Supreme Court of Wyoming
    • March 9, 1908
    ...60 Neb. 203; Painter & Co., 7 Ind.App. 642; Cannon v. Cannon, 66 Tex. 682; Evans v. Printing Co., 4 Tex. Civ. App. 327; Blecker v. Shoff, 83 Iowa 265.) Unless the motion for new trial is assigned as error no errors embraced or that should be embraced in such motion can be considered. (Marti......
  • Callahan v. Ingram
    • United States
    • United States State Supreme Court of Missouri
    • May 28, 1894
    ...expressly followed in Hintz v. Graupner, 138 Ill. 158, 27 N. E. 935. To the same effect is the case of Blocker v. Schoff, 83 Iowa, 269, 48 N. W. 1079. 4. Exemplary damages may always be given, in suits for slander, when the words are maliciously spoken; but whether such damages should be gi......
  • Request a trial to view additional results
10 cases
  • Atlantic Coast Line R. Co. v. Crosby
    • United States
    • United States State Supreme Court of Florida
    • February 20, 1907
    ...74 Iowa, 547, 38 N.W. 408; Anheuser-Busch Brewing Association v. Oxley, 88 Iowa, 699, 53 N.W. 1075; Blocker v. Schoff, 83 Iowa, 265, 48 N.W. 1079. This contention is untenable. The cited decisions of this court do not sustain it. In the case of St. Johns & Halifax R. R. Co. v. Shalley, supr......
  • Ott v. Murphy
    • United States
    • United States State Supreme Court of Iowa
    • May 13, 1913
    ...of the charge. Marker v. Dunn, 68 Iowa, 720, 28 N. W. 38;Clifton v. Lange, 108 Iowa, 472, 79 N. W. 276;Blocker v. Schoff, 83 Iowa, 265, 48 N. W. 1079;Wallace v. Homestead Co., 117 Iowa, 356, 90 N. W. 835. Of course, if such reports were so general and prevalent and had existed such a length......
  • Riordan v. Horton
    • United States
    • United States State Supreme Court of Wyoming
    • March 9, 1908
    ...60 Neb. 203; Painter & Co., 7 Ind.App. 642; Cannon v. Cannon, 66 Tex. 682; Evans v. Printing Co., 4 Tex. Civ. App. 327; Blecker v. Shoff, 83 Iowa 265.) Unless the motion for new trial is assigned as error no errors embraced or that should be embraced in such motion can be considered. (Marti......
  • Callahan v. Ingram
    • United States
    • United States State Supreme Court of Missouri
    • May 28, 1894
    ...expressly followed in Hintz v. Graupner, 138 Ill. 158, 27 N. E. 935. To the same effect is the case of Blocker v. Schoff, 83 Iowa, 269, 48 N. W. 1079. 4. Exemplary damages may always be given, in suits for slander, when the words are maliciously spoken; but whether such damages should be gi......
  • Request a trial to view additional results

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT