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Keywords

plaintiffappealtrialsustained

plaintiffdefendanthearingtrialsustained

Related Cases

Ridgeway State Bank v. Bird, 185 Wis. 418, 202 N.W. 170, 37 A.L.R. 1343

Facts

The Ridgeway State Bank, a small banking institution, brought an action against H. R. Bird for slanderous remarks made about the bank and its officers. The remarks were made in the presence of detectives hired to investigate rumors about the bank's integrity. The detectives, however, were primarily focused on eliciting statements about the bank from Bird, who was misled into believing they represented potential investors. The case hinged on whether the detectives were acting as agents for the bank or for Paul, the bank's cashier, in his individual capacity.

The complaint charges that on August 24, 1923, the defendant maliciously spoke of and concerning the said plaintiff, in the presence and hearing of one John A. Wise and one Joseph P. Hayes, in substance the following false and defamatory words: 'That the bank handles less than one-quarter of the business in that community…'

Issue

Did the trial court err in granting a nonsuit on the grounds that the slanderous statements were not published because they were made to agents of the bank?

Did the trial court err in granting a nonsuit on the ground that the detectives at the time of the utterance of the slanderous words were the agents and representatives of the bank?

Rule

If a plaintiff consents to or authorizes the publication of slanderous statements, they cannot recover for any injury sustained as a result of that publication.

If plaintiff consented to or authorized the publication complained of, he cannot recover for any injury sustained by reason of the publication.

Analysis

The court analyzed whether the detectives were acting as agents for the bank or for Paul individually. It noted that the detectives' primary focus was on the bank's affairs, and the contradictory testimonies of the bank's officers raised questions about the nature of the agency. The court concluded that the jury should determine the facts surrounding the agency relationship and whether the statements were elicited by trickery.

However, it has been held by this court that, 'if there is any credible evidence which to a reasonable mind can support an inference in favor of a party, the question is for the jury.'

Conclusion

The appellate court reversed the trial court's decision and remanded the case for further proceedings, allowing the jury to determine the nature of the agency and the implications of the slanderous statements.

The judgment of the trial court is reversed, and the cause is remanded for further proceedings according to law.

Who won?

Ridgeway State Bank prevailed in the appeal as the court reversed the nonsuit ruling, allowing the case to proceed.

The appellate court reversed this decision, indicating that the jury should determine the nature of the agency involved in the case.

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