Muetze v. Tuteur

• Decision Date: 21 June 1890
• Citation: 77 Wis. 236,46 N.W. 123
• Parties: MUETZE v. TUTEUR ET AL.
• Court: Wisconsin Supreme Court

77 Wis. 236

46 N.W. 123

MUETZE

v.TUTEUR ET AL.

Supreme Court of Wisconsin.

June 21, 1890.

Appeal from circuit court, La Crosse county.

Losey & Woodward, for appellants.

E. C. Higbee, for respondent.

ORTON, J.

This action is for libel, and the plaintiff recovered $571. The facts are substantially as follows: The plaintiff is a jeweler by trade, but at one time kept a saloon, and traded with the defendants, who were merchants in goods suitable to the saloon business; and finally, up to July, 1883, there was a balance of account against the plaintiff, which the defendants claimed amounted to the sum of $23.13, but the plaintiff claimed to be much less than that amount. There was an association, with its central office at Chicago, called “The United States and Canada Dealers' Protective and Detective Association,” claimed to have been incorporated under the laws of Illinois, (but which had not been,) the object of which is stated on an envelope used by it to inclose correspondence by mail to be “an organization of business and professional men for collecting bad debts.” The answer in respect to the association is as follows: “These defendants admit that they were members of an association known [as above described,] and allege that the same is organized for the purpose of protecting dealers giving credit against worthless debtors, and against those who contract debts and do not pay; and for the further purpose of communicating to the members of such association, for their mutual protection and safety, the names of all persons against whom unsettled claims remain outstanding and unpaid in favor of members of said association, and which names have been reported by members to the central office, after having taken the necessary steps required by the rules of said association to be taken by the members thereof before reporting such names, in order to give the debtor ample and full notice thereof, and ample opportunity to settle all claims, and avoid such report; that the said association publishes a book at regular intervals giving the names of all persons so reported by members, and against whom there are unsettled claims in favor of members; * * * that said book is distributed only to members of the association, and to no one else whatsoever, and all communications made by any member to said association, or by said association to any of its members, are strictly confidential and secret, for the purpose of their mutual protection and security.” On February 9, 1888, the defendants sent to the plaintiff, at La Crosse, one of the letters of said association, headed by its regular designation, signed by the firm of Isaac Tuteur & Son, in which they say that they have become members of such association, and then state its general purposes, and ask the plaintiff to call and settle, or they shall be obliged to report his name to the association before February 18th, “after which date their matter goes to press.” On said 18th day of February the plaintiff received another letter through the mail, with a similar heading, and signed “Agent,” in which it is said: “I. Tuteur & Son, one of the members of our association, informs me that you have received our association letter in regard to your indebtedness, and that you have failed to respond. Now, before reporting your name to the main office for publication, allow me to inform you as to some of the consequences of being published in this manner as a delinquent.” The letter then states the consequences as above stated, and that, if the plaintiff did not wish his name so published, he must by all means call on the defendants, and make some satisfactory arrangement in regard to the claim, on or before the 29th day of February, or his name would go forward to the main office. On March 1st another letter was written to the plaintiff, dated at Chicago, stating that the defendants, a member of the association, informed them about the claim, and that reasonabe time had been given him to pay it, and notifying him that, if he did not pay by March 15th, the consequences would be as previously threatened. This letter, with a similar heading, was signed by C. R. Collin, as secretary. Another letter was written from Chicago, dated March 10th, notifying plaintiff to make immediate payment of the claim within 20 days, and another one dated Chicago, June 10, 1888, with a similar notice to pay within 10 days. These two last letters were inclosed in an envelope, respectively, and passed through the mail to plaintiff in La Crosse, and the envelope was indorsed as follows: “Return in twenty days to the United States and Canada Protective and Detective Association, an organization of business and professional men for collecting bad debts. Central office, 139 Madison Street, Chicago. For Paul Muetze, La Crosse, Wis.” Each of these letters or notices was also headed, “Main Office Notice.” There were two other letters received by plaintiff from the main office at Chicago,--the first dated August 10th, and the other September 12th; the first notifying plaintiff to pay within 20 days, and the other within 18 days, inclosed in similar envelopes, excepting the clause, “for collecting bad debts,” which is omitted. The envelope containing this clause, “collecting bad debts,” is of red paper, and these words are in very large type, so as to attract special attention. After these communications, the plaintiff applied to a Mr. Borreson, a jeweler of La Crosse, for whom he had at one time worked, for credit, or to be trusted for a small amount, and he refused on account of his having received a book of said association containing the name of the plaintiff as a person unworthy of credit. The book was issued July 1, 1888, and contains the plaintiff's name among many others in various parts of the United States. In a preface to the book, addressed to members, it is stated that the association “is not a collection agency * * * but uses its influence to make your debtor pay you.” When the debtor paid the claim, his name was taken out of the book. As stated in the answer, the debtor is given an opportunity to pay, if he will, before his name is inserted in the book. The several letters are so many threats that the plaintiff's name will be so published if he fails to pay. The defendants had demanded $23.13, and the letters make the same demand; but the defendant admitted, as a witness, that he had made a mistake of $3.05 in the account, and that the claim was only $20.07.

I have stated the facts more fully and explicitly in order to show what are the objects of the association. It is claimed by the learned counsel of the appellants that its purposes were right and honorable, like a railroad company that issued a pamphlet containing the names of its discharged employes, to be circulated among other companies or commercial agencies and the like, for mutual protection against unworthy persons. The envelope of two letters from Chicago contains a distinct libel in itself, which could have been read, and probably was read, by many persons not members of the association. They are made to attract special attention, and publish the fact that the association was in correspondence with the plaintiff for the purpose of collecting a bad debt of him, and implies that he is a bad debtor who fails or refuses to pay his honest...