Life Printing & Publishing Co. v. Field

58 N.E.2d 307, 324 Ill. App. 254, 1944 Ill. App. LEXIS 1033
CourtAppellate Court of Illinois
DecidedDecember 11, 1944
DocketGen. No. 43,167
StatusPublished
Cited by26 cases

This text of 58 N.E.2d 307 (Life Printing & Publishing Co. v. Field) 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
Life Printing & Publishing Co. v. Field, 58 N.E.2d 307, 324 Ill. App. 254, 1944 Ill. App. LEXIS 1033 (Ill. Ct. App. 1944).

Opinion

Mr. Presiding Justice Niemeyer

delivered the opinion of the court.

Plaintiff appeals from an order dismissing its action for libel upon motion of defendants, charging the insufficiency of the amended complaint on wMch plaintiff elected to stand.

This complaint alleges that plaintiff is engaged in the business of publisMng three community newspapers, having an average circulation of 32,000 copies per issue and doing circular printing; that its office and principal place of business is at No. 5304 W. 25th street, Cicero, Illinois; that one of the papers published is the Cicero Life, a tri-weekly newspaper wMch did an annual gross business of $261,232.50 in 1943; that the plaintiff had a good name, credit and reputation and deservedly enjoyed the esteem and good opinion of those with whom it did business and of other worthy citizens of the state,'as well as the patronage and good will of a large number of advertisers and persons requiring circular printing, including among its patrons and heaviest advertisers many merchants of Jewish descent and members of that faith owning and controlling business firms and corporations doing business with plaintiff; that between plaintiff and its customers existed mutual esteem, good credit and profitable business relations; that plaintiff’s property, affairs and concerns were conducted and managed by directors and officers (none of whom are named), including its president, secretary and vice president, who along with plaintiff were in high and deserved repute, estimation and credit with the public, and were doing a profitable and increasing business and were then and there daily acquiring and had acquired large gains and profits from the business; that the defendant Marshall Field III, owner and editor, along with The Chicago Sun Syndicate, Inc., and Silliman Evans, publisher, printed and published The Chicago Sun, a newspaper of large circulation; that on February 4, 5 and 7,1944, defendants, with the intent of exposing the Gentile Cooperative Association and to impair and damage plaintiff in its business, affairs and concerns, and more especially with its patrons of Jewish descent, and to discourage advertisers, especially those merchants of Jewish descent, from extending their patronage to the plaintiff, and the public from subscribing to and reading its newspapers and from having printing done in its plant, published certain articles (set out verbatim) charging that the publisher of the Cicero Life, meaning plaintiff, caused to be incorporated a nefarious and despicable organization known as Gentile Cooperative Association; that the defendants maliciously and recklessly published said articles of and concerning the plaintiff in its business, and that such publications were understood by the readers thereof and the public as identifying the plaintiff and meaning that the plaintiff was engaged in a conspiracy with Fliteraft, Forree and Nolen, incorporators of the Gentile Cooperative Association, and others behind it, as “fellow conspirators to spread the described propaganda therein set forth over the United States, in violation of the criminal law against conspiracy, seeking to undermine the faith of the people in their leaders, and to cause unrest and lack of faith in democracy among the members of the armed forces, ... so that when the proper economic and political disintegration had been accomplished, selected persons in strategic positions would, then acting together, seize power and establish their ‘ new order, ’ to-wit a national socialist or fascist form of government”; that by reason of the text of the foregoing publications and the libel therein contained, large numbers of advertisers, actual and potential, and especially those of Jewish descent and firms and corporations- controlled by persons of Jewish descent, of plaintiff’s publications and more especially the Cicero Life, and the subscribers and patrons thereof, believed on the reading thereof that plaintiff was identified therewith and was one of the founders and promoters of the Gentile Co-operative Association and one of its incorporators, and that as a result of the acts of the defendants, plaintiff has been and is greatly injured in its good name, credit, reputation and in its business, trade and occupation, and “as special damages, it has as a result of said libel suffered in that many advertisers and persons have been hindered and prevented from advertising in the publications of the plaintiff, and especially Cicero Life, and from having printing done in plaintiff’s plant and from subscribing to and reading its newspapers, and have declined and refused to have any transactions with the said plaintiff in the way of its business, and more especially persons of Jewish descent, and from all of whom the plaintiff would, have and except for said libel, have obtained great gains and profits,” and demands judgment in the sum of $100,000 special damages, $100,000 punitive damages, and compensatory damages of $100,000, or a total of $300,000.

The several publications complained of appeared under the following headings: “Promoter Would 6Protect’ Gentiles at $100 a Head. Anti-Semitic Pur-' poses Hidden in State Charter, But Opposition to ‘Jewish Control’ is Admitted”; “Leaders of all City Groups Blast Gentile Association. Everyone Denounces ‘Screwball’ Promotion Aimed at Halting ‘Rising Jewish Power’ ”, and “McMahon Flails ‘Gentile’ Society. Mayor Indignant Over Aims of Group,” and said in substance that an ambitious new scheme, described by the promoters as aimed at getting up to as much as $100 from as many as 5,000,000 Americans, has been launched1 in Chicago in the form of a Gentile Co-operative Association; that the first application for the charter was turned down by the Secretary of State, but a charter was granted on a new application defining the purposes of the group as promoting various “gentile objectives”; that Eugene F. Flitcraft, the organizer, is a director of several printing and advertising firms and was formerly secretary and treasurer of Contemporary Publications, which published the National Magazine for Young Republicans until 1936, when it went out of business; that Marvin Ferree, named as an incorporator living at 915 Carmen avenue, actually lives at 5304 W. 25th street, Cicero, and is publisher of Cicero Life, a community newspaper; that the owner of the apartment building at 915 Carmen avenue says that Ferree never lived at that address; that John M.

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Bluebook (online)
58 N.E.2d 307, 324 Ill. App. 254, 1944 Ill. App. LEXIS 1033, Counsel Stack Legal Research, https://law.counselstack.com/opinion/life-printing-publishing-co-v-field-illappct-1944.