McGregor v. State Co.

• Decision Date: 12 May 1920
• Docket Number: 10407.
• Citation: 103 S.E. 84,114 S.C. 48
• Parties: MCGREGOR v. STATE CO. ET AL.
• Court: South Carolina Supreme Court

103 S.E. 84

114 S.C. 48

MCGREGOR v. STATE CO. ET AL.

No. 10407.

Supreme Court of South Carolina

May 12, 1920

Appeal from Common Pleas Circuit Court of Richland County; W. H Townsend, Judge.

Action by E. C. McGregor, doing business as McGregor's Drug Store, against the State Company and the Irogen Chemical Company. From an order sustaining a demurrer to the complaint, plaintiff appeals. Affirmed.

The exception referred to is as follows:

The plaintiff herein excepts to the order of his honor W. H Townsend, presiding judge, dated May 21, 1919, upon the ground:

(1) That his honor erred in holding and adjudging, "I do not think the publication was either libelous or calculated to injure the plaintiff," because:

(a) The publication was libelous on its face as tending to represent the plaintiff as holding himself out as an indorser and sponsor for a patent medicine.

(b) The said publication was calculated to induce the public to believe that the plaintiff was indorsing and recommending a patent medicine.

(c) The said publication was calculated to injure the plaintiff in his business, reputation, and standing.

(d) The purport and meaning of the said publication should have been submitted to the jury for its determination.

D. W Robinson, of Columbia, for appellant.

Benet Shand & McGowan, of Columbia, for respondents.

GAGE J.

Action for libel. Demurrer by the State Company. Order sustaining the demurrer. Appeal by the plaintiff.

The circumstances of the case, apparent from the allegations of the complaint, are these: One of the defendants, the Irogen Chemical Company, was the manufacturer of a patent medicine called Irogen, said to contain "essential elements to red blood corpuscles"; that on March 20, 1918, and on March 24, 1918, there appeared in the State Newspaper an unsigned display print and voluminous advertisement of this medicine, the objectional part of which is thus set out in the complaint:

"Scientists Discover Nation's Secret of Regenerating Blood and Vital Powers.

World's Greatest Authorities Demonstrate Irogen Is True Blood Builder.

Druggists Tell How Irogen Invigorates.

Greatest Strength Builder Known to Medical World.

Supplies Elements Essential to Blood, Steadies Nerves, and Confers Power of Resistance to Disease.

Soon after it became known in Columbia that Irogen, the new strength and blood builder, had been discovered, leading druggists here immediately took steps to secure a supply in order that the people of this section might secure the benefit of science's latest effort. Several well-known druggists even went so far as to make a thorough investigation of Irogen and learned of the amazing results said to have been experienced from its use. These well-known men unhesitatingly and voluntarily came forward and declared their belief that the new discovery is the greatest strength builder known to the medical world. Their investigation showed that Irogen supplies the one element absolutely necessary to the blood, without which new blood cannot be generated. They also learned that in Irogen the human system is given that which steadies the nerves and gives the powers so necessary to resist disease.

The following druggists of Columbia are the distributors of Irogen tablets and have received descriptive literature with full directions and explanations. * * * South Carolina Druggists Get Supply of Irogen Strength Builder.

Shipments of New Product Hurried from Columbia, Charleston, and Spartanburg Wholesalers to Retail Druggists Throughout the State.

It is officially announced that Irogen, acting in the nature of blood food, supplies the elements which nature requires for the generation of new, red blood corpuscles, and that its wonderful strengthening action is directly due to its regeneration of the blood, which imparts nourishment and new strength to nerves, muscles, and vital organs.

Leading druggists of the state, who were among the first to introduce the new discovery into their respective communities, and who have had opportunity to observe its strengthening and curative effects in a great variety of chronic weaknesses and diseases, claim

...