Maynard v. Fireman's Fund Insurance

By the Court, Crockett, J.: We adhere to the propositions heretofore announced in this cause, to wit: 1st, that a trade corporation may be made responsible for a libel, and for the reasons stated in the first point discussed in our former opinion; and, 2d, that the words alleged in the complaint to be libelous, are not actionable per se.

The only question remaining to be considered is, whether or not the complaint contains the necessary averments to show that the words charged to be libelous, were intended by the defendant to be understood, and were in fact under- ■ stood by those who read them, as imputing a charge of dishonesty against the plaintiff.

The rule which governs the action for libel in such cases, is perfectly well settled. Words, which on their face appear to be entirely harmless, may, under certain circumstances, convey a covert meaning, wholly different from the ordinary and natural interpretation usually put upon them. To render such words actionable, it is necessary for the pleader to aver that the author of the libel intended them to be understood, and that they were in fact understood by those who read them, in their covert sense.

The words alleged to be libelous in this action, are “this company, for good and sufficient reasons, has resolved to dismiss D. D. Maynard from its service.”

These words, per se, do not impute any dishonesty to the plaintiff. There may have been various good and sufficient reasons for discharging the plaintiff, which would be entirely consistent with his honesty. He may have been too old or infirm to perform satisfactorily the business required of him, or not sufficiently skillful in the business, or not sufficiently active and energetic. Very many reasons might be assigned, which would be “good and sufficient reasons” for his discharge, and yet, impute to' him no lack of honesty. It was, therefore, incumbent on the plaintiff to aver in his complaint, that the words were intended by the defendant to be understood as imputing dishonesty to the plaintiff, and that they were in fact so understood by those who read them. Are these averments contained in the complaint ?

[209]The complaint, after reciting that the plaintiff was a person of good repute, and that he was employed by the defendant as its agent and solicitor in and about procuring persons to be insured by the defendant; that he was paid by the defendant certain commissions for this service; that during the time he was so employed by the defendant he well and truly and faithfully performed all his duties in that behalf, and to the satisfaction of the defendant; that the defendant, without cause, and out of pure malice, and for the purpose of injuring his character, and to prevent his getting employment from other insurance companies, discharged him from its service; that maliciously intending to injure the plaintiff in his good name, and to prevent other companies from employing him, and to have it believed that he was not fit to be employed, and to cause it to be believed and suspected that he had been guilty of the offenses, misconduct and want of skill and integrity “hereinafter mentioned to have been charged and imputed to him,” defendant falsely and maliciously published of, and concerning the plaintiff as such agent and solicitor the words aforesaid, “thereby meaning and wishing to have it understood and believed, that said plaintiff was dismissed because of dishonesty, want of integrity, inability to discharge and perform the duties of such agent and solicitor, and wholly unfit and unworthy of employment.”