Citations
- 99 Ill. App. 8
Full opinion text
Mr. Justice Sears
delivered the opinion of the court. It is contended by appellant that “ the verdict and judgment are contrary to and not supported by the evidence or law,” and upon this ground, among others, it is urged that the judgment should be reversed. To this contention we can not assent. The alleged libel charges, and the pleas of justification reiterate, in effect, that the appellee’s wares are “ a humbug” and are worthless and unfitted for practical use in the production of half-tone pictures. These statements of the publication were based upon an examination of a circular issued by the appellee commending its wares, and not upon examination of or experience with the apparatus offered for sale. If the statements are false and were maliciously made, a cause of action exists for any damage resulting.
The publisher of a trade journal may doubtless make any fair and reasonable discussion of the wares of a merchant or manufacturer who solicits public patronage, and may publish an honest expression of opinion upon the merits of such wares. But, under the guise of expressing an opinion upon' such _waresya-’-publisher is not privileged to maliciously make any false statement of any material fact in relation to said wares; nor to maliciously make_any false statement of fact which shall impute to suchmereha-nt or manufacturer a want of integrity^in. his business.
The issue of fact presented in this cause was as to whether the statements of the publication were false. That the appellants were responsible for the publication, that if false it was also malicious, and that some damage resulted, coüliTTiárdryFé^considered as controverted in this record. Appellants pleaded the truth of the statements in justification of them. The question of fact presented was as to the sufficiency of the evidence to support such plea. This was a question for the jury, and we can not say that upon the evidence they might not have properly found, as they did, that the statements were in substance false. Appellants attempted to support their plea by proving that certain of the representations made by the circular were false. This, we think, they had a right to do. The publication was based upon an examination and criticism of the circular. The plea sets up the circular as false in justification. An issue was formed on replication to this plea. Therefore it was competent to show that the various statements of the circular were false. In this behalf, appellant undertook to establish that the process of half-tone making was not a secret process; that the process adopted by appellee did not operate automatically, and did not dispense with the use of poisons; that the process was not invented by appellee’s employe and agent, but was known long before this device was put upon the market, and had been described in books upon the subject;' and that the representation to the effect that an inexperienced person could make half-tone cuts of commercial value by use of the device, was a false representation. But while this line of evidence was com-j ■petent, yet the establishing of The" falsity- of any one orb more of these various representations- of the • circular will j not qí itself and as a matter of law be conclusive against a | recovery by appellee. The publication and the plea of justification gO-beyond the mere assertion of the falsity of these -various statements of the circular. It is charged that the device -is_a “hmh'6ug.>’ and worthless, unfitted for making half-tone pictures of value, and in effect that appelleeis dishonest in the vending of the device. It was for the-jury to determine from all the evidence whether the plea was sustained, i.