Van Duzer v. Bourisseau
| Decision Date | 25 May 1970 |
| Docket Number | No. 2,Docket No. 6115,2 |
| Citation | 23 Mich.App. 720,179 N.W.2d 214 |
| Parties | William VAN DUZER, Plaintiff-Appellant, v. Francis K. BOURISSEAU and Raymond Hotchkiss, Defendants-Appellees |
| Court | Court of Appeal of Michigan — District of US |
Eugene H. Christman, Ludington, for Francis K. Bourisseau.
Russel A. Lawler, Lansing, for Raymond Hotchkiss.
Thomas M. Anderson, Parks, Church & Wyble, Lansing, for defendants-appellees.
Before T. M. BURNS, P.J., and QUINN and ROBERTS, * JJ.
Plaintiff appeals from the trial court order dismissing his claim for punitive and exemplary damages in this libel action. Defendant Bourisseau cross-appeals from the trial court's denial of his motion for accelerated judgment founded on the claim that plaintiff's action was barred by the statute of limitations.
Plaintiff alleged he was libeled by a letter dated June 21, 1966 from defendant Bourisseau to defendant Hotchkiss. At the time, defendant Bourisseau was probate judge of Mason county, Michigan, and plaintiff and defendant Hotchkiss were candidates for probate judge of Ingham county. The letter was sent through the United States mail from Ludington to Lansing. Aside from the general allegation that the letter was subsequently published and republished in Ingham county, there is no allegation establishing the time of publication.
June 16, 1967, plaintiff telegraphed a request to defendant Bourisseau for a retraction of the libelous remarks in the letter of June 21, 1966. Plaintiff further requested that the retraction occur prior to June 20, 1967 and that it be in the form required by statute. By letter dated June 16, 1967, plaintiff made a similar request and this letter is stamped filed in Mason county probate court June 19, 1967 over the signature of defendant Bourisseau.
No retraction occurred. Plaintiff filed this action June 20, 1967, and the same day, he delivered copies of the complaint and summons to a deputy sheriff of Ingham county for service on defendant Bourisseau. June 21, 1967, the Mason county sheriff received the complaint and summons for service on defendant Bourisseau.
The period of limitation for an action of libel is one year, M.C.L.A. § 600.5805(6) (Stat.Ann.1962 Rev. § 27A.5805(6)). Statutes of limitation are tolled when the complaint is filed and a copy of the summons and complaint in good faith are placed in the hands of an officer for immediate service, M.C.L.A. § 600.5856(3) (Stat.Ann.1962 Rev. § 27A.5856(3)). Plaintiff's action arose when defendant Bourisseau's letter of June 21, 1966 was published. Publication occurred when the letter was delivered to defendant Hotchkiss, Ball v. White (1966), 3 Mich.App. 579, 143 N.W.2d 188. Although the specific date of delivery is not shown, that date was sometime after June 21, 1966, and the statute of limitations was tolled June 21, 1967. The trial court was correct in denying defendant Bourisseau's motion for an accelerated judgment.
Damages in a libel action are restricted to actual...
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Palestri v. Monogram Models, Inc.
...2 The few cases from other jurisdictions which have considered that issue have divided on the result. In Van Duzer v. Bourisseau, 23 Mich.App. 720, 179 N.W.2d 214, 215 (1970), plaintiff alleged he was libeled by a letter dated June 21, 1966 which was mailed that day. The court held that pub......
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Good Samaritans in cyberspace.
...days after receiving demand, or in the next regular issue; a broadcast retraction must occur within three days); Van Duzer v. Bourisseau, 179 N.W.2d 214 (Mich. Ct. App. 1970) (finding that the question of whether four days was allowance of a reasonable time for retraction was a question of ......