Woodling v. Knickerbocker

• Citation: 17 N.W. 387,31 Minn. 268
• Parties: M. E. Woodling v. George Knickerbocker and others
• Decision Date: 28 November 1883
• Court: Supreme Court of Minnesota (US)

17 N.W. 387

31 Minn. 268

M. E. Woodling v. George Knickerbocker and others

Supreme Court of Minnesota

November 28, 1883

Plaintiff brought this action in the district court for Hennepin county, against the defendants George Knickerbocker S. E. Knickerbocker and J. G. Layman, as partners doing business under the name of the Knickerbocker Furniture Company, to recover damages for the alleged libels mentioned in the opinion. At the trial, before Young, J., and a jury there was evidence that a table which plaintiff had bought from the Furniture Company, and returned as unsuitable, was exposed in front of its shop, with this placard upon it "Taken back from Dr. Woodling, who could not pay for it; to be sold at a bargain." Plaintiff removed this placard, and was told by defendant George that he "could put on a better one than that." Within half an hour afterwards, a second placard was placed on the table, reading: "This was taken back from Dr. Woodling, as he would not pay for it; for sale at a bargain," and also, and about two feet from it, the following: "Moral: Beware of dead-beats." The plaintiff asked George Knickerbocker, in Layman's presence, to remove the placard, and he refused. In answer to plaintiff's inquiry as to who placed the placard there, Layman said that the man who had placed it there had gone to dinner. The placards attracted the attention of the public, and Layman saw many people stop on the sidewalk and read them. It was admitted that Layman and S. E. Knickerbocker were members of the partnership.

The plaintiff having rested his case, the counsel for defendants moved for judgment for each of them, on the pleadings and testimony. The motion was granted as to the defendants Layman and S. E. Knickerbocker, and denied as to the defendant George Knickerbocker. A salesman of the Knickerbocker Furniture Co. testified that the first placard was written by its book-keeper; that he did not know who placed it upon the table; that it was he and not George Knickerbocker who was present when plaintiff took off the first placard, and who made the threat to put on another; that he himself wrote the second placard and the warning, and put them on the table, on his own responsibility, and without direction from any one. The court ruled that the first placard was not libellous; that the other two, taken together, were libellous, and that there was no evidence to go to the jury inculpating George Knickerbocker, and accordingly directed a verdict in his favor. A new trial was denied, and the plaintiff appealed.

Order reversed, and new trial ordered.

Welch & Botkin and J. E. Miner, for appellant.

John G. Woolley, for respondents.

OPINION

Gilfillan, C. J.

The libels alleged in the complaint were placards placed upon a table belonging to and standing upon the sidewalk in front of the place of business of the "Knickerbocker Furniture Company," a firm engaged in dealing at wholesale and retail in furniture and draperies, in Minneapolis. The defendants are alleged to be partners in that firm, and the complaint charges that they, and each of them put the placards on the table. The first placard read: "Taken back from Dr. Woodling, who could not pay...