Helmicks v. Stevlingson

212 Wis. 614, 250 N.W. 402 (1933)

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Helmicks v. Stevlingson

Wisconsin Supreme Court
212 Wis. 614, 250 N.W. 402 (1933)

SH

Facts

Helmicks (plaintiff) was employed by the Bank of Deerfield as the bank’s only cashier from October 1930 to January 1932, when the bank closed. The bank had been open since 1905. Stevlingson (defendant) had also been a cashier at the bank. After the bank closed, Stevlingson published a statement that the bank had been “loaned to death by the former cashier.” Helmicks sued Stevlingson for defamation on the grounds that the statement was intended to blame Helmicks for causing the bank to close by the way Helmicks had given out loans. Stevlingson filed a motion requesting that the case be dismissed. Stevlingson argued that Helmicks had not stated facts sufficient to constitute a cause of action because it was not ascertainable from the published statement to whom the statement was referring as “the former cashier.” The trial court denied Stevlingson’s motion. Stevlingson appealed.

Rule of Law

Issue

Holding and Reasoning (Fritz, J.)

Dissent (Fowler, J.)

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