Sanders v. Hall

• Decision Date: 23 December 1899
• Citation: 55 S.W. 594
• Parties: SANDERS v. HALL.<SMALL><SUP>1</SUP></SMALL>
• Court: Texas Court of Appeals

55 S.W. 594

SANDERS v. HALL.¹

Court of Civil Appeals of Texas.

December 23, 1899.

Appeal from district court, Bowie county; J. M. Talbot, Judge.

Action by J. N. Hall against W. W. Sanders for libel. From a judgment in favor of plaintiff, defendant appeals. Affirmed.

Smelser & Mahaffey and Sheppard & Jones, for appellant. Vaughan & Vaughan and R. H. Jones, for appellee.

HUNTER, J.

This suit was brought by Hall against Sanders to recover damages for alleged libel, which is set forth in a letter written by Sanders, at Dekalb, Tex., to the American Harrow Company, at Detroit, Mich., and sent to said company by United States mail. The letter, with the innuendo, is as follows: "`W. W. Sanders, President. J. H. Braden, Cashier. Capital Stock, $50,000.00. Paid up. Dekalb Exchange Bank. All business intrusted to our care will receive prompt and careful attention. Dekalb, Texas, September 30th, 1896. American Harrow Co., Detroit, Mich. — Sirs: You sold to one J. N. Hall, near here, one harrow, and took note for same, and we write you that he is going to leave us soon, and, if he goes, good-by note. We write you, calling your especial attention to same, and stating that, if you will send us the note at once, with authority to take 50 cts. on the dollar for same, we think we can make that amount for you. Your prompt attention may save you ½ loaf, which is much better than none. Yours, respt., W. W. Sanders,'—by which said Sanders meant to inform and say to said company that plaintiff was dishonest, and intended to leave the country for the purpose of beating his honest debts." No special damage was alleged, but both actual and vindictive were claimed. The defendant demurred to the petition upon the ground that the letter was not libelous per se, and, as no special damages were alleged, the petition stated no cause of action. He also pleaded the general denial, and specially that he had offered a full explanation to plaintiff, which was accepted by him in full satisfaction of all damages. The case was tried by the court without a jury, and judgment rendered for Hall in the sum of $500, and Sanders has appealed.

The evidence sustains the material allegations in Hall's petition, and that the statement was utterly false, without any foundation whatever, but tends also to show that Sanders and Hall were old friends, and that Sanders intended to get the note, without Hall's knowledge or consent, at 50 cents on the dollar, and then give Hall the benefit of his bargain; that he was not lying for personal gain, but for the good of his neighbors, — purely as a matter of friendship. He was a banker. When Sanders heard that Hall had got possession of the letter, however, and was offended about it, he went to see him at his home, and explained his purpose in...