Campbell

Idaho Copper Corp. v. Campbell

Good Law
27 F.2d 833·1928 U.S. App. LEXIS 3499
United States Court of Appeals for the Ninth CircuitAugust 20, 1928No. 5119California814 words

Opinion

Lead Opinion

Rudkin, J.

This is a writ of error to review a judgment in favor of the defendant in an action for libel. The plaintiff in error is a corporation organized and existing under the laws of the state of Delaware, with an' authorized capital of $2,-500,000, divided into 2,500,000 shares, of the par value of $1 each. The corporation also authorized a bond issue in the sum of $750,-000, and in December, 1924, its stocks and bonds were listed with the Public Service Commission of the state of Massachusetts and on the Boston Curb Exchange.

The property of the corporation consisted largely of mining claims and properties in the state of Idaho. For some time prior to March 24, 1925, the Wall Street Iconoclast carried advertisements giving rather a glowing description of the mining properties of the corporation and recommending its stock to the investing public. As stated by the court below in its opinion on motion for a new trial, the evidence was ample to justify a finding by the jury that the articles published in the Iconoclast were so published with the knowledge and consent, and indirectly by the procurement, of the plaintiff in error.

On March 24, 1925, the defendant in error, as inspector of…

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