Hennessey v. Traders Insurance

Mississippi Supreme Court
Hennessey v. Traders Insurance, 87 Miss. 259 (Miss. 1905)
39 So. 692
Truly

Hennessey v. Traders Insurance

Opinion of the Court

Truly, J.,

delivered the opinion of the court.

By no construction, even the most strained, can we possibly hold the publication • complained of to be libelous. While phrased in a misleading way, it, nevertheless, stated substantially the truth. Appellants themselves, in their own card claiming credit for prompt adjustment of this very loss, recognized the distinction between a “settlement” and a “payment” of a fire loss. The card inserted by the agent of appellee did no more. It was an advertisement, sharp and unfair probably, but certainly not libelous. Numerous authorities cited in brief of counsel for appellee demonstrate the correctness of this conclusion.

The judgment is affirmed.

Reference

Full Case Name
John A. Hennessey v. Traders Insurance Company
Cited By
2 cases
Status
Published
Syllabus
Libel. Insurance advertisement. It is not libelous for a fire-insurance company to publish a statement to the effect that while a rival company may have “settled”' losses growing out of a certain fire before it had done so, yet the-rival company did not pay them first, and at the latest account that company's money for the payment of its losses had not shown up, adding: “Moral: Insure in this [defendant] company. Losses paid promptly, not ‘settled.’ ”