Wisconsin Reports (Volume 139) (Paperback)

This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1909. Excerpt: ... Pfister v. Milwaukee Free Press Co. 139 Wis. 627. showed that other articles of like tenor and effect to those published in the Free Press were also published in other papers. This does not present the question that is presented where a publisher shows that the article complained of was quoted from another publication and published because it was believed to be accurate. 3. After the plaintiff was indicted he purchased certain past-due notes of the Wisconsin Rendering Company and commenced action thereon. In connection with such suit a statement was given to the public press by the attorneys for the plaintiff to the effect that, if plaintiff had stolen any money belonging to the Wisconsin Rendering Company, the conversion of the money might be pleaded as a defense and the plaintiff's cause of action defeated. Certain articles were published by the defendant corporation charging in effect that the suit was not begun in good faith, but on the contrary was begun to befog the people and to intimidate witnesses and by unfair means to secure access to the evidence taken before the grand jury. On the trial the plaintiff was permitted to show that a civil suit was begun, and that the Wisconsin Rendering Company interposed no answer therein, but paid to plaintiff the amount sued for, with costs. It is urged that it was error to admit such evidence. The defendants pleaded the truth in justification. It was not incumbent on the plaintiff to negative the truth of the charges made by offering evidence tending to establish the bona fides of the transaction. If he saw fit to assume that burden it is difficult to see how the defendants were prejudiced thereby. It is also urged that, the plaintiff having been permitted to offer evidence in relation to this siiit, the defe...