Shepard v. Brewer
Supreme Court of Missouri
Appeal from. Pemiscot Circuit Court. — Now. Henry G. Riley, Judge. (1) To charge that a person is a thief is actionable per se, and malice is presumed on the utterance of the slanderous words. Carpenter v.. Hamilton, 185 Mo. 60S; Hall v. Jennings, 87 Mo. App. 627; Lewis v. McDaniel, 82 Mo. 577; Baldwin v. Pries, 46 Mo.
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Appeal from. Pemiscot Circuit Court. — Now. Henry G. Riley, Judge. (1) To charge that a person is a thief is actionable per se, and malice is presumed on the utterance of the slanderous words. Carpenter v.. Hamilton, 185 Mo. 60S; Hall v. Jennings, 87 Mo. App. 627; Lewis v. McDaniel, 82 Mo. 577; Baldwin v. Pries, 46 Mo. App. 288; Buckley v. Knapp, 48 Mo. 152; Callahan v. Ingram, 122 Mo. 355. (2) The court erred in permitting the defendant to testify as to the meaning he meant to convey by the words used, and in permitting other witnesses to testify as to what they understood to be the meaning…
1Opinion of the CourtWoodson, P. J.
slander The plaintiff instituted this suit in the circuit court of Pemiscot county against the defendant to recover the sum of $5000 actual and as punitive damages upon each of the four counts of the petition, alleged to have been sustained by him through and by virtue of certain slanderous and derogatory words spoken of and concerning him by the defendant.
A trial was had before the court and jury, which resulted in a verdict and judgment for the defendant, and after taking the proper preliminary steps the plaintiff appealed the cause to this court.
The petition filed was in the following…
2Cases cited9 opinions
- Cook v. Globe Printing Co.Supreme Court of Missouri · 1910
- Callahan v. IngramSupreme Court of Missouri · 1894
- Christal v. CraigSupreme Court of Missouri · 1883
- Hall v. AdkinsSupreme Court of Missouri · 1875
- Pennington v. MeeksSupreme Court of Missouri · 1870
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3Cited by5 opinions
- State of Oregon v. YatesOregon Supreme Court · 1956
- Priest v. Central State Fire InsuranceMissouri Court of Appeals · 1928
- Cook v. Patterson Drug Co.Supreme Court of Virginia · 1946
- People v. IrvineAppellate Division of the Supreme Court of the State of New York · 1972
- Vinson v. O'MalleyArizona Supreme Court · 1923