Stewart v. Pierce

• Decision Date: 19 December 1894
• Parties: STEWART v. PIERCE. STEWART v. YOUNG.
• Court: Iowa Supreme Court

93 Iowa 136

61 N.W. 388

STEWART

v.PIERCE.

STEWART

v.YOUNG.

Supreme Court of Iowa.

Dec. 19, 1894.

Appeal from district court, Polk county; S. F. Balliet, Judge.

The action against James Pierce is to recover damages for writing and publishing a certain letter alleged to be libelous, and the action against the defendant Young is for publishing the same in a newspaper. Demurrers were filed to each petition on the ground that the matter set out as published is not libelous. The demurrers were sustained, and, the plaintiff electing to stand on his petitions, judgments were entered against him, from which he appeals. The cases are submitted under a stipulation that the result shall be the same in each. Reversed.Power & Huston and Gatch, Connor & Weaver, for appellant.

Cummins & Wright and Guernsey & Bailey, for appellees.

GIVEN, J.

1. We have the single question whether the writing as set out in the petition is libelous. To determine this we must have in mind what constitutes libel, and then inquire whether the writing is withinthe definition. Section 4097 of the Code is as follows: “A libel is the malicious defamation of a person made public by any printing, writing, sign, picture, representation or effigy, tending to provoke him to wrath or expose him to public hatred, contempt or ridicule, or to deprive him of the benefits of public confidence and social intercourse; or any malicious defamation made public as aforesaid, designed to blacken and vilify the memory of one dead, and tending to scandalize or provoke his surviving relatives or friends.” With this plain definition before us we need not refer to any of the many cases defining libel, but proceed to inquire whether this writing brings these cases within the terms of the statute. In construing this writing its words are to be understood in their plain and natural import according to the ideas they are calculated to convey to those to whom they are addressed, reference being had not only to the words used, but also to the circumstances under which they were written. 13 Am. & Eng. Enc. Law, 378; Irlbeck v. Bierle, 84 Iowa, 47, 50 N. W. 36. Plaintiff alleges as inducement in substance as follows: That he is, and has been for three years last past, a resident of Illinois, and that previous thereto he had resided for many years in Iowa, in the cities of Des Moines, Mt. Pleasant, and Chariton. That he had been deputy auditor of state and clerk in the office of auditor of state for several years under John L. Brown, auditor. That he was for a time advertising solicitor for the Homestead, an agricultural newspaper published in Des Moines by an Iowa corporation called the Homestead Company. That during all those years he had acquired and enjoyed a reputation for honesty, integrity, ability, and honorable dealing with business men generally among his neighbors and throughout the state. That prior to January 1, 1887, the stock in said corporation was owned one-half by the wife of John L. Brown and one-half by the defendant, who was acting as president and business manager. That about January 1, 1887, plaintiff bought of Mrs. Brown $4,000 par value of said stock, and about September 26, 1887, $6,000 par value more of said...