Jewelers' Mercantile Agency v. Douglass

Appellate Court of Illinois

Jewelers' Mercantile Agency v. Douglass

35 Ill. App. 627, 1890 Ill. App. LEXIS 45

CourtAppellate Court of Illinois

DecidedMay 28, 1890

StatusPublished

Cited by1 cases

This text of 35 Ill. App. 627 (Jewelers' Mercantile Agency v. Douglass) is published on Counsel Stack Legal Research, covering Appellate Court of Illinois primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Jewelers' Mercantile Agency v. Douglass, 35 Ill. App. 627, 1890 Ill. App. LEXIS 45 (Ill. Ct. App. 1890).

Pincite

Opinion

Gary, P. J.

This is an action for a libel. It is not necessary to set out the matter published, as the imputation upon the appellants as to their manner of doing business would be clearly libelous if published of an individual, and special damage is alleged, so that if the appellants constituted a domestic corporation, they might sue. It is, however, a Hew York corporation.

Whether a foreign corporation can maintain such an action is a question which the Supreme Court did not find in 1868 to have been decided, and the counsel in this case are, on that subject, no wiser now than the Supreme Court was then. Hahnemannian Life Ins. Co. v. Beebe, 48 Ill. 87.

All actions etn contractu, and for physical injuries to, or conversion of their personal property, such corporations are permitted to prosecute without question; why should there be any difference, if they have suffered pecuniary loss wrongfully, whether the spoliation be visible and tangible in its effect, or that effect is to be ascertained through the relation of causes and their consequences ? The judgment of the Circuit Court sustaining the demurrer to the declaration will be reversed and the cause remanded.

Reversed and remanded.

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Gary, P. J.

This is an action for a libel. It is not necessary to set out the matter published, as the imputation upon the appellants as to their manner of doing business would be clearly libelous if published of an individual, and special damage is alleged, so that if the appellants constituted a domestic corporation, they might sue. It is, however, a Hew York corporation.

Whether a foreign corporation can maintain such an action is a question which the Supreme Court did not find in 1868 to have been decided, and the counsel in this case are, on that subject, no wiser now than the Supreme Court was then. Hahnemannian Life Ins. Co. v. Beebe, 48 Ill. 87.

All actions etn contractu, and for physical injuries to, or conversion of their personal property, such corporations are permitted to prosecute without question; why should there be any difference, if they have suffered pecuniary loss wrongfully, whether the spoliation be visible and tangible in its effect, or that effect is to be ascertained through the relation of causes and their consequences ? The judgment of the Circuit Court sustaining the demurrer to the declaration will be reversed and the cause remanded.

Reversed and remanded.

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Bluebook (online)

35 Ill. App. 627, 1890 Ill. App. LEXIS 45, Counsel Stack Legal Research, https://law.counselstack.com/opinion/jewelers-mercantile-agency-v-douglass-illappct-1890.

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