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Peck v. Tribune Co.
United States Supreme Court
214 U.S. 185 (1909)
The Tribune Co. (defendant) published an advertisement for Duffy’s Pure Malt Whiskey in the form of an endorsement with a portrait of a woman. The advertisement stated that the endorsement was from Mrs. A. Schuman, who was a nurse. However, the portrait was of Peck (plaintiff). The advertisement stated that Ms. Schuman constantly used the whiskey and gave it to her patients. Peck sued the Tribune Co., alleging that publishing the advertisement was libel. Peck asserted that she was not a nurse and was a total abstainer from whiskey and other spirituous liquors. The trial court did not allow Peck to testify and granted a directed verdict to the Tribune Co. The court of appeals affirmed, and Peck petitioned the United States Supreme Court for review.
Rule of Law
Holding and Reasoning (Holmes, J.)
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