Noeninger v. Vogt
Supreme Court of Missouri
Appeal from Cape Girardeau Circuit Court. — Hon. J. D. Foster, Judge. (1) A charge of dishonesty against an individual in connection with his business, whereby his character in such business 'may be injuriously affected, is actionable. Rammel v. Otis, 60 Mo. 365. (2) The words charged in these two counts are actionable per sé.
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Appeal from Cape Girardeau Circuit Court. — Hon. J. D. Foster, Judge. (1) A charge of dishonesty against an individual in connection with his business, whereby his character in such business 'may be injuriously affected, is actionable. Rammel v. Otis, 60 Mo. 365. (2) The words charged in these two counts are actionable per sé. Cooley on Torts, 192 and 202 [1 Ed.] and cases cited; BwrtcJi v. Nickerson, 17 Johns. 217; Brooker v. Coffin, 5 Johns., 188; 2 Wheaton’s Sel win, 1272 and 1273 ; Townsend on Libel and Slander [3 Ed.] sec. 192, and cases cited. And in such cases the law infers malice.…
1Opinion of the CourtBlack, J.
This, is an action of slander in three ■counts. The slanderous words were spoken, in the German language, to, and in the hearing of the plaintiff, and in the hearing of other persons, all of whom understood their meaning. The petition sets •out the offensive words in the language in which they were uttered and also gives a translation of them. At the close of the plaintiff’s case, the court sustained a motion for judgment for the defendant, ”on the ground that the evidence failed to sustain the averments of the petition. The respondent has filed no brief and all we have to indicate his…
2Cases cited8 opinions
- Frick v. St. Louis, Kansas City & Northern Railway Co.Supreme Court of Missouri · 1882
- Kelly v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1879
- Birch v. BentonSupreme Court of Missouri · 1858
- Wilson v. Board of EducationSupreme Court of Missouri · 1876
- Pennington v. MeeksSupreme Court of Missouri · 1870
3 more not listed; retrieve them via the Exa API.
3Cited by27 opinions
- Callahan v. IngramSupreme Court of Missouri · 1894
- Morse v. Times-Republican Printing Co.Supreme Court of Iowa · 1904
- Paxton v. WoodwardMontana Supreme Court · 1904
- Franke v. City of St. LouisSupreme Court of Missouri · 1892
- Young v. City of Webb CitySupreme Court of Missouri · 1899
22 more not listed; retrieve them via the Exa API.