{
  "id": 2561130,
  "name": "J. L. Kamsler, Plaintiff-Appellant, v. Chicago American Publishing Co., Inc., Defendant-Appellee",
  "name_abbreviation": "Kamsler v. Chicago American Publishing Co.",
  "decision_date": "1967-03-16",
  "docket_number": "Gen. No. 50,807",
  "first_page": "86",
  "last_page": "89",
  "citations": [
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      "cite": "82 Ill. App. 2d 86"
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    "name_abbreviation": "Ill. App. Ct.",
    "id": 8837,
    "name": "Illinois Appellate Court"
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    "name_long": "Illinois",
    "name": "Ill."
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      "cite": "181 NE2d 105",
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      "reporter": "N.E.2d",
      "opinion_index": 0
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    {
      "cite": "24 Ill2d 437",
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      "opinion_index": 0
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    {
      "cite": "78 Ill App2d 53",
      "category": "reporters:state",
      "reporter": "Ill. App. 2d",
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        2568387
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  "last_updated": "2023-07-14T21:20:37.088782+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
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  "casebody": {
    "judges": [
      "SULLIVAN, P. J. and DEMPSEY, J., concur."
    ],
    "parties": [
      "J. L. Kamsler, Plaintiff-Appellant, v. Chicago American Publishing Co., Inc., Defendant-Appellee."
    ],
    "opinions": [
      {
        "text": "MR. JUSTICE SCHWARTZ\ndelivered the opinion of the court.\nPlaintiff appeals from an order dismissing his complaint in libel based on two articles printed in defendant\u2019s newspaper on March 25th and March 26, 1964. He contends that the matters related in the articles are libelous per se and that no privilege exists with respect to their publication. The articles follow.\nArticle of March 25,1964.\n\u201c$40,000 SWINDLE PROBED BY JURY.\n\u201cA rapidly-moving confidence game that allegedly netted two men $40,000 to $100,000 is under grand jury investigation.\n\u201cFifty complainants have told the state\u2019s attorney\u2019s office that Allan Solomon, 44; and Jack Kamsler, 51, bilked them by setting up phony companies, buying merchandise on credit, selling out at rock-bottom prices, and then moving on and leaving unpaid bills.\n\u201cFour complainants have been subpenaed to testify before the grand jury Wednesday.\n\u201cSolomon and Kamsler operated the swindle in transactions with steel, clothing, household goods, hardware, and other commodities, according to the complaints.\n\u201cAssistant State\u2019s Atty. Clyde Bofles presented six witnesses to the grand jury Tuesday. They included two truck drivers who made deliveries.\n\u201cSolomon is free on $17,000 bond, and Kamsler on $10,000 bond on charges of theft by deception.\n\u201cThe state\u2019s attorney\u2019s office said neither man has a known permanent address.\u201d\nArticle of March 26,1964.\n\u201cMore Indictments on Fraud Charge.\n\u201cThe county grand jury Thursday reportedly voted to indict Allan Solomon, 44, and Jack Kamsler, 51, on 11 counts of confidence game and theft by deception for allegedly obtaining $11,423.17 by fraud from five steel and aluminum firms.\n\u201cThe same two men, who made $40,000 to $100,000 in a fast-moving confidence game, according to the state\u2019s attorney\u2019s office, were reportedly named by the grand jury Wednesday in indictments charging grand theft by deception and conspiracy.\n\u201c6 Aliases Listed.\n\u201cAuthorities say Kamsler is also known as Joe White, Dick Conlon, D. Thomas, Ken Atley, Bob Hacker, and Darell Eastman.\n\u201cFifty complainants have charged to the state\u2019s attorney\u2019s office that Solomon and Kamsler bilked them by setting up phony companies, buying merchandise on credit, selling it at low prices, and then moving on, leaving bills unpaid.\n\u201cFirms Listed.\n\u201cFirms and the amounts they charge they were bilked of, involved in Thursday\u2019s grand jury action, are:\n\u201cMFI corporation 9525 Franklin av., Franklin Park, $3,501.00; Cain Steel company, 5501 Grand av., $1,291.90; Beverly Steel corporation, 400 E. 142d st., Dolton, $2,997.65. G. & H. Steel Plates, Inc., 2910 W. Carroll Ave., $2,144.98, and Clearing Steel, Inc., 6400 W. 66th St., Bedford Park, $1,371.90.\n\u201cThe state\u2019s attorney\u2019s office said it will go before future grand juries with stories of deals involving clothing, bicycles and Christmas trees.\u201d\nIt appears from plaintiff\u2019s brief and oral argument that the particular portions of the articles which he contends are libelous are: first, the final paragraph in the article of March 25th, which states that plaintiff has no known permanent address, and, second, the third paragraph of the article of March 26th, reciting that plaintiff was known by several aliases. With respect to the former, the words in question are not libelous per se. They do not impute the commission of a crime, nor are they so \u201cobviously and naturally hurtful . . . that the proof of their injurious character can be . . . dispensed with.\u201d Reed v. Albanese, 78 Ill App2d 53, 223 NE2d 419. Furthermore, the words themselves could be construed as meaning merely that plaintiff\u2019s address was not \u201cknown.\u201d Where an innocent construction can be placed upon words alleged to be actionable, the suit must fail. John v. Tribune Co., 24 Ill2d 437, 181 NE2d 105. The remaining portions of the article of March 25th provide no basis for a libel action as they come within the classification of reports of governmental activities and are privileged unless shown to have been inaccurately reported. Lulay v. Peoria Journal-Star, Inc., 34 Ill2d 112, 214 NE2d 746; cf. Coursey v. Greater Niles Tp. Pub. Co., Inc., 82 Ill App2d 76.\nSimilarly, the third paragraph of the article of March 26, 1964, cannot be the basis of a libel suit because the aliases there listed were contained in the several indictments against' the plaintiff and are therefore privileged as accurate reports of judicial proceedings. Lulay v. Peoria Journal-Star, Inc., supra. The remainder of the second article comes within the same privilege.\nThe trial court properly dismissed plaintiff\u2019s complaint and its order n(mst be affirmed.\nOrder affirmed.\nSULLIVAN, P. J. and DEMPSEY, J., concur.",
        "type": "majority",
        "author": "MR. JUSTICE SCHWARTZ"
      }
    ],
    "attorneys": [
      "J. L. Kamsler, pro se, of Chicago, appellant.",
      "Kirkland, Ellis, Hodson, Chaffetz & Masters, of Chicago (Don H. Reuben and Lawrence Gunnels, of counsel), for appellee."
    ],
    "corrections": "",
    "head_matter": "J. L. Kamsler, Plaintiff-Appellant, v. Chicago American Publishing Co., Inc., Defendant-Appellee.\nGen. No. 50,807.\nFirst District, Third Division.\nMarch 16, 1967.\nJ. L. Kamsler, pro se, of Chicago, appellant.\nKirkland, Ellis, Hodson, Chaffetz & Masters, of Chicago (Don H. Reuben and Lawrence Gunnels, of counsel), for appellee."
  },
  "file_name": "0086-01",
  "first_page_order": 92,
  "last_page_order": 95
}