ELLSWORTH V. MARTINDALE-HUBELL LAW DIRECTORY, INC. 280 N.W. 879 (1938) CASE BRIEF

ELLSWORTH V. MARTINDALE-HUBELL LAW DIRECTORY, INC.

280 N.W. 879 (1938)

NATURE OF THE CASE: Martindale (D) appealed a judgment, which overruled its demurrer to the complaint filed by Ellsworth (P) in his action to recover damages for a defamatory publication.

FACTS: Ellsworth (P) alleged that Martindale (D) misstated P's professional and financial rating in its directory. The directory is widely read by lawyers who have occasion to forward legal business. P claimed that this was defamatory and his reputation was injured. P entered into evidence the listings for the years 1928, which downgraded P, and 1929, which left his rating blank. When the case was first before the court, it was held that the alleged defamation was not per se and that P would have to prove special damages. P amended his complaint and alleged that his earnings were substantially lower and that he was damaged by more than $2,500. P alleged that in the year 1928 his gross professional income was $4,171.06. That in the year 1929 as one of the direct results of the libel of D the income of P reduced to $2,958.55. In the year 1930 for like reasons it was $3,047.20, in the year 1931 it reduced further for like reasons to $2,784.65. In the year 1932 for like reasons it was $1,704.40. P alleged that these reductions in income were caused by reason of the said libelous statement of D. This was an appeal from an order overruling a demurrer to the amended complaint. The sole question on this appeal is as to whether this amended paragraph sufficiently sets forth the special damages claimed to have been suffered.

ISSUE:

RULE OF LAW:

HOLDING AND DECISION:

LEGAL ANALYSIS:

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