Emo v. Milbank Mutual Insurance

David A. Szwak

Emo v. Milbank Mutual Insurance

Postby David A. Szwak » Mon Dec 05, 2005 7:19 pm

Emo v. Milbank Mut. Ins. Co.
183 N.W.2d 508
N.D. 1971.

Unquestionably, publication to one's spouse of defamatory matter is sufficient to give rise to a cause of action for libel or slander. Bonkowski v. Arlan's Department Store, 12 Mich.App. 88, 162 N.W.2d 347 (1968), 383 Mich. 90, 174 N.W.2d 765 (1970); Linck v. Driscoll, 13 Ind.App. 279, 41 N.E. 463 (1895); Prosser, Torts 3rd Ed. HB (1964), p. 804. The Michigan Supreme Court, in Bonkowski v. Arlan's Department Store, Supra 174 N.W.2d at 767, said:
[u]'We may fairly presume that, in the uneven course of marital life, the humiliation suffered by a plaintiff in like circumstances is more likely to be recalled--and brooded over--than if the event in question had occurred in the presence of strangers then and strangers forever.'[/u

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