Legal Opinion

Fensky v. Maryland Casualty Co.

Supreme Court of Missouri

Decided March 2, 1915PublishedCited by 22 opinions

Appeal from St. Louis City Circuit Court. — Hon. C. C. Allen, Judge. (1) To accuse one with, the commission of a felony, either directly or by innuendo, constitutes actionable slander. Sec. 4817, R. S. 1909; 18 Am. & Eng. Ency.

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Appeal from St. Louis City Circuit Court. — Hon. C. C. Allen, Judge. (1) To accuse one with, the commission of a felony, either directly or by innuendo, constitutes actionable slander. Sec. 4817, R. S. 1909; 18 Am. & Eng. Ency. Law, 868; 25 Cyc. 271; "Webb’s Pollock on Torts, p. 289. (2) Under the statutes of Missouri it is a felony for a person to have in his possession any forged instrument of writing, knowing the same to be forged, by which, he may endeavor to cheat, injure or defraud another, or to collect money on account of the same. Secs. 4651, 4654, 4666, R. S. 1909; 25 Oyc. 292; 18…

1Opinion of the CourtGraves, P. J.

This is an action for slander. In the trial court the plaintiff was cast upon a general demurrer, charging that his petition failed to state facts sufficient to constitute a cause of action. That is the sole question here. The petition reads:

“Plaintiff states that he is and was at all times herein mentioned a regularly licensed attorney at law and has been practicing his profession in the city of St. Louis, Missouri, for the past fifteen years:
“That the defendant, Maryland Casualty Company, is a foreign corporation doing business in the State of Missouri and is engaged, among other things, in…

2Cases cited3 opinions

  1. Philadelphia, Wilmington, & Baltimore Railroad v. QuigleySupreme Court of the United States · 1859
  2. Stieber v. WenselSupreme Court of Missouri · 1854
  3. Payton v. Peoples Credit Clothing Co.Missouri Court of Appeals · 1909

3Cited by22 opinions

  1. Dietrich v. Pulitzer Publishing CompanySupreme Court of Missouri · 1968
  2. Courtney v. American Ry. Express Co.Supreme Court of South Carolina · 1922
  3. State Ex Inf. Taylor v. American Ins. Co.Supreme Court of Missouri · 1946
  4. Southern Ice Co. v. BlackTennessee Supreme Court · 1916
  5. Dillard v. ShattuckNew Mexico Supreme Court · 1932

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