Codner v. Central Credit Rating Agency, 31212

CourtUnited States State Supreme Court of Iowa
Writing for the CourtEVANS, J.
Citation161 N.W. 657,180 Iowa 188
PartiesG. A. CODNER, Appellant, v. CENTRAL CREDIT RATING AGENCY et al., Appellees
Docket Number31212
Decision Date12 March 1917

161 N.W. 657

180 Iowa 188

G. A. CODNER, Appellant,
v.

CENTRAL CREDIT RATING AGENCY et al., Appellees

No. 31212

Supreme Court of Iowa, Des Moines

March 12, 1917


REHEARING DENIED MONDAY, JUNE 18, 1917.

Appeal from Hamilton District Court.--R. M. WRIGHT, Judge.

ACTION for damages for alleged libel. There was a demurrer to the petition, which was sustained. The plaintiff refusing to plead over, his petition was dismissed and he has appealed.--Reversed and remanded.

Reversed, and remanded.

F. J. Lund and Chase & Chase, for appellant.

O. J. Henderson and Wesley Martin, for appellees.

EVANS, J. GAYNOR, C. J., LADD and SALINGER, JJ., concur.

OPINION

[180 Iowa 189] EVANS, J.

It appears from the petition that the principal defendant is an association of business men organized for the purpose of operating a credit rating agency. The defendants Foster and Harrell are officers and managers of such agency. Such agency published a pamphlet which purported to give the credit rating of all those whose names were contained therein. The name of the plaintiff was included in such pamphlet by the defendants. For the purpose of such rating, the following key was used:

"1. Good pay. Financially responsible, or the party who wants to pay his bills every 30 days, and calls and pays, or asks to have his bills presented.

"2. Slow pay. Financially good, but careless with his credits.

[180 Iowa 190] "3. Honest. Usually prompt pay. Limited means. Cannot force collections.

"4. Honest. Limited means, but liable to buy beyond his ability to pay.

"5. Phone this office for special instructions, or C. O. D."

Rate "5" was put opposite the plaintiff's name in such pamphlet. It is averred in the petition that this pamphlet was circulated among the members of the agency and others; that, by the purported rating given therein, it was intended to "impute to the defendant insolvency and dishonesty in his business dealings, and an unwillingness to pay his debts and unworthiness to credit;" that the rating given to the plaintiff therein was false and malicious, and was done with intent and design to injure and to humiliate the plaintiff; that its publication was malicious and without reason or justification. Six grounds were laid in the demurrer, which may be resolved into two general propositions: (1) That the petition on its face set forth no libel; (2) that the petition on its face showed that the published matter was privileged.

The...

To continue reading

Request your trial
1 cases
  • Codner v. Cent. Credit Rating Agency, 31212.
    • United States
    • United States State Supreme Court of Iowa
    • 12 d1 Março d1 1917
    ...180 Iowa 188161 N.W. 657CODNERv.CENTRAL CREDIT RATING AGENCY ET AL.No. 31212.Supreme Court of Iowa.March 12, Appeal from District Court, Hamilton County; R. M. Wright, Judge. Action for damages for alleged libel. There was a demurrer to the petition, which was sustained. The plaintiff refus......

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