Velikanje v. Millichamp

• Decision Date: 06 February 1912
• Citation: 67 Wash. 138,120 P. 876
• Parties: VELIKANJE v. MILLICHAMP et al.
• Court: Washington Supreme Court

120 P. 876

67 Wash. 138

VELIKANJE v. MILLICHAMP et al.

Supreme Court of Washington

February 6, 1912

Department 1. Appeal from Superior Court, King County; Wilson R. Gay Judge.

Action by Milan Velikanje against F. Stanley Millichamp and another doing business under the name and style of Empire Produce Company. From a judgment of dismissal rendered on sustaining a demurrer to the complaint, plaintiff appeals. Affirmed.

E. B. Velikanje and Lee C. Delle, for appellant.

W. G Beard, for respondents.

CHADWICK J.

Plaintiff is an attorney at law, duly admitted and in good standing at the bar of the state. He brings this action to recover damages for libel.

The material parts of his complaint follow: '(4) That on or about the 19th day of October, 1910, the said defendants, and each of them, wrote and published of, or caused to be written and published of, and concerning this plaintiff, and of and concerning him in his said capacity and profession of an attorney at law, in a certain letter written to one John Schmidt, of North Yakima, Yakima county, state of Washington under said date aforesaid, and which said letter was addressed to the said John Schmidt, at North Yakima, Washington, postage prepaid, and deposited in the United States mail, in the city of Seattle, state of Washington, on October 19, 1910, at 2:30 o'clock p. m., a certain false and malicious libel, in words and figures as follows, to wit:

"F. Stanley Millichamp. J. B. Wandesforde. Empire Produce Company, Commission Merchants. Wholesale Fruits and Produce. Main 8930--Independent 5695. 914 Western Avenue, Seattle, Wash., Oct. 19, 1910. Mr. John Schmidt, North Yakima, Wash.--Dear Sir: Enclosed find check for $39.34, being net proceeds for balance of peaches not heretofore remitted. You will kindly excuse delay, caused by one Velikanje presenting us with forged receipts purporting to be from our agent at your city, and trying to collect your money on them. As our record did not quite tally with the receipts, we necessarily had to check up with our Yakima agent, which caused the delay. Under no circumstances would we have paid this party your money, as our rule is to remit direct to the grower, paying no attention to any representatives, unless accompanied by written order from said shippers. We have straightened out this matter with our agent, and find the number of peaches unaccounted for to be as shown by the enclosed account sales. Hoping our results prove satisfactory, and thanking you for your favors, we are, Very truly yours, Empire Produce Co. By J. B. Wandesforde.'

'(5) That the plaintiff is the person referred to in said letter by the name of 'one Velikanje'; that the aforesaid letter was received by the said John Schmidt, in said Yakima county, and read by him and other persons; and that said defendants, and each of them, knew at the time they wrote said letter, or caused the same to be written, that they were charging the said plaintiff with the crime of forgery, and the same was so understood by the said John Schmidt and others.

'(6) That by reason of the said defendants writing, publishing, and using the said false and defamatory language aforesaid, the plaintiff has suffered greatly in reputation, his honesty and integrity, and has been greatly injured and prejudiced in his reputation aforesaid, and has been greatly damaged in his profession and business, and has been greatly humiliated, and has suffered both in mind and in body, to his damage in the sum of five thousand ($5,000) dollars.'

A demurrer was sustained to the complaint, and from a judgment of dismissal plaintiff has appealed.

The demurrer was properly sustained. Respondents did not charge appellant with the crime of forgery, or of uttering a...