This section contains the nature of the case and procedural background.

D printed an advertisement for Duffy's Malt Whiskey. It stated: 'Nurse and Patients Praise Duffy's -- Mrs. A. Schuman, One of Chicago's Most Capable and Experienced Nurses, Pays an Eloquent Tribute to the Great Invigorating, Life-Giving and Curative Properties of Duffy's Pure Malt Whiskey. . . .' Then followed a portrait of the plaintiff, with the words 'Mrs. A. Schuman' under it. Then, in quotation marks, 'After years of constant use of your Pure Malt Whiskey, both by myself and as given to patients in my capacity as nurse, I have no hesitation in recommending it as the very best tonic and stimulant for all weak and rundown conditions,' &c., &c., with the words 'Mrs. A. Schuman, 1576 Mozart st., Chicago, Ill.,' at the end, not in quotation marks, but conveying the notion of a signature, or at least that the words were hers. The only problem with the ad was that the picture was of P and not of Schuman. P was not a nurse and was a total abstainer from whiskey and all spirituous liquors. P sued for libel. The judge excluded P's testimony in support of her allegations and directed a verdict for D. The appeals court affirmed. The Supreme Court granted certiorari.

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