Mills v. Taylor
Missouri Court of Appeals
Appeal from the Moniteau Circuit Court. — Hon. D. W. Shackleford, Judge. (1) Actual and exemplary damages are recoverable in cases of this character. Defendant’s unlawful acts were coupled with malice and oppression and intentionally committed. Eranz v. Hilterbrand, 45 Mo.. 121; Morgan v. Ross, 74 Mo. 318; Mohelsky v. Hartmeister 68 Mo.
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Appeal from the Moniteau Circuit Court. — Hon. D. W. Shackleford, Judge. (1) Actual and exemplary damages are recoverable in cases of this character. Defendant’s unlawful acts were coupled with malice and oppression and intentionally committed. Eranz v. Hilterbrand, 45 Mo.. 121; Morgan v. Ross, 74 Mo. 318; Mohelsky v. Hartmeister 68 Mo. App. loe. cit. 322. (2) The manifest object of the statute, in requiring a separate assessment of exemplary damages, was to protect defendants from passionate verdicts; but in no sense can it be regarded as a limitation or a restriction upon the rightful…
1Opinion of the CourtSmith, P. J.
— The petition in this case alleged that the defendant willfully, wrongfully and wantonly seduced and debauched the plaintiff’s wife. The answer admitted the illicit intercourses, but denied the seduction and debauchment. The defense pleaded was that the defendant was induced by the importunities, banters and solicitations of the plaintiff’s wife to have illicit intercourse with her, and that the plaintiff consented thereto. The replication put in issue the new matter pleaded by the answer.
The court, by a proper instruction for the plaintiff, submitted the issues, thus formulated by the…
2Cases cited11 opinions
- Ala. Great Southern Railroad v. SellersSupreme Court of Alabama · 1890
- Kiff v. . YoumansNew York Court of Appeals · 1881
- Schippel v. NortonSupreme Court of Kansas · 1888
- Maxwell v. KennedyWisconsin Supreme Court · 1880
- Stacy v. Portland Publishing Co.Supreme Judicial Court of Maine · 1878
6 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Hoagland v. Forest Park Highlands Amusement Co.Supreme Court of Missouri · 1902
- Thomas v. SiddiquiSupreme Court of Missouri · 1994
- Beck v. Quincy, Omaha & Kansas City RailroadMissouri Court of Appeals · 1908
- Walter v. WilsonMississippi Supreme Court · 1969
- Lindstrom v. Kansas City Southern Railway Co.Missouri Court of Appeals · 1920
5 more not listed; retrieve them via the Exa API.