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44 Wis. 404

Benedict v. Westover

Wisconsin Supreme Court

Decided January 15, 1878

Wisconsin Supreme Court · decided 1878-01-15

Action for libel. Tlie complaint avers that, at the time of the alleged libel, plaintiff was in business as a hardware merchant in Oconomowoc, in this state, and was of good name, credit, etc., in said business; that, on etc., defendant “ maliciously composed, uttered, wrote and sent to R. Dunn & Company, in Milwaukee, Wisconsin (a commercial agency), of and concerning the credit and standing of this plaintiff, a certain article in writing,” which is recited at length, and…

Cited in Anderson (1889)’s definition of “Utlagatum”

Decided 1878-01-15

OetoN, J.

¶1The only points made upon the demurrer by the appellant are, that the words “ composed, vtttered, wrote and sent ” do not sufficiently allege a publication of the libelous letter, and the statement, “ sent to N. Dunn & Company, in Milwaukee, Wisconsin (a commercial agency),” is no allegation that the letter was sent to a,ny person. The word “ utter,” according to Bouvier, means, 1. To “offer;” 2. To publish;” and according to Webster, it is used in the sense of “ publishing,” and “ putting in circulation.” It is not the technical word commonly and more properly used in pleading, in cases *405of libel; but is equivalent in meaning, and certain in common intendment to express tbe fact of publication. The word “ sent ” gives force to the allegation, and puts it beyond question as a sufficient statement of publication.

¶2The other objection is simply frivolous.

¶3By the Court. — The order of the circuit court is affirmed, with costs.

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