Legal Opinion

Krup v. Corley

Missouri Court of Appeals

Decided July 22, 1902PublishedCited by 20 opinions

Appeal from St. Louis City Circuit Court. — Ho». W. B. Douglas, Judge. (1) The slanderous words declared on in the second count are not slanderous per se, and, in the absence of any averment of extrinsic facts showing they were intended to be slanderous, and were so understood, the count fails to state a cause of action.

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Appeal from St. Louis City Circuit Court. — Ho». W. B. Douglas, Judge. (1) The slanderous words declared on in the second count are not slanderous per se, and, in the absence of any averment of extrinsic facts showing they were intended to be slanderous, and were so understood, the count fails to state a cause of action. Church v. Bridgman, 6 Mo. 190; Atldnson v. Seammon, 22 N. H. 40; Mills v. Taylor, 3 Bibbs 469; Jackson v. Weisiger, 2 B. Monroe (Ky.) 214; Palmer v. Hunter, 8 Mo. 371; Christal v. Craig, 80 Mo. 372. (2) It was error to allow testimony in rebuttal as to slanderous charges,…

1Opinion of the CourtBarclay, J.

This action is for slander and rests upon three charges or causes of action in the plaintiff’s petition, all of which were answered by a general denial of defendant.

The words complained of as injurious in the several counts were these:

First count: ‘ ‘ He [meaning plaintiff] is a damned thief. ’ ’

Second count: “He [meaning plaintiff] forged my name to one of his rent receipts.”

Third count: “That Hollander [meaning plaintiff] swore false on the witness stand.”

The claim for compensation on each count was for $10,000, of which one-half was alleged to be actual, and the rest was demanded as…

2Cases cited10 opinions

  1. Boston & Albany Railroad v. O'ReillySupreme Court of the United States · 1895
  2. Callahan v. IngramSupreme Court of Missouri · 1894
  3. Christal v. CraigSupreme Court of Missouri · 1883
  4. Gilman v. LowellNew York Supreme Court · 1832
  5. Hollenbeck v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1897

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3Cited by20 opinions

  1. State v. JonesMontana Supreme Court · 1914
  2. Henderson v. DreyfusNew Mexico Supreme Court · 1919
  3. Marshall v. OlsonOregon Supreme Court · 1922
  4. Walker v. Kansas City Star CompanySupreme Court of Missouri · 1966
  5. Cook v. Pulitzer Publishing Co.Supreme Court of Missouri · 1912

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