Finley v. Widner

• Decision Date: 23 March 1897
• Court: Michigan Supreme Court
• Parties: FINLEY v. WIDNER.

70 N.W. 433

112 Mich. 230

FINLEY v. WIDNER.

Supreme Court of Michigan

March 23, 1897

Error to circuit court, Alpena county; Robert J. Kelley, Judge.

Action by William Finley against John A. Widner. There was a judgment for defendant, and plaintiff brings error. Reversed.

J. D. Turnbull, for appellant.

Dafoe &amp Gustin, for appellee.

MOORE J.

This is an action of slander brought because of certain words spoken by defendant. The declaration contains the usual formal allegations in a declaration in slander, and has three counts. The first count charges defendant with declaring to plaintiff: "You are a damn thief; you are a damn robber." The second count charges defendant with declaring of the plaintiff: "My professional driver done me up for over three hundred dollars." The third count charges defendant with stating concerning plaintiff: "He robbed and beat me out of three or four hundred dollars." The plea is the general issue, with notice that defendant would justify the speaking of the words, etc and prove they were true, and denied that plaintiff was a man of good character in his particular profession as alleged in this declaration, and set up specific acts of misconduct of plaintiff, committed by plaintiff in his business relations with his employers. The case was tried before a jury, who rendered a verdict for defendant. Plaintiff appeals.

The record shows that plaintiff's business was training and driving horses. That in February, 1895, he entered into the employment of defendant, to train and take care of defendant's mare called "Laundry Girl," and was to receive pay for his work by the week, and this arrangement continued up to August 10, 1895, when plaintiff and defendant settled up in full and a new agreement was made. Defendant wanted to sell the mare, and sent her away from Alpena for the purpose of selling her. Plaintiff was to train and drive her, and receive for his work $12 per week and expenses. The defendant was at the races at Port Huron and Detroit, and attended to the entering of the mare in races and drew her winnings. Defendant tried to sell the mare after the Detroit races, which occurred September 3, 1895. Plaintiff returned to the city of Alpena in October, 1895. He went to defendant's office, and defendant in his private office declared the slanderous words set forth in count 1 of the declaration, and at other times in said city declared and published the words alleged in the other counts of the declaration. The trouble which resulted in plaintiff's bringing this action grew out of the refusal of plaintiff to turn over to defendant the winnings of "Laundry Girl" won at races at several places after the 3d day of September, 1895. It was the claim of the plaintiff that defendant had tired of his experience as the owner of the mare, and gave her to plaintiff. The defendant denies this and claims that plaintiff was to look after the mare, enter her in the races, sell her if he could, and keep track of his receipts and...