Payton v. Peoples Credit Clothing Co.
Missouri Court of Appeals
Appeal from Jackson Circuit Court. — Eon. James E. Slover, Judge. (1) Defendant’s demurrer, at close of plaintiff’s case, should have been sustained, because it clearly appeared from the evidence that defendant’s agent in uttering the words alleged to have been uttered was acting wholly outside of the scope of his employment, and the malice, if any, was his. Milton v. Railroad, 193 Mo. 58; Gas Light Go. v. Lansden, 172 U. S. 534; Singer Mfg.
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Appeal from Jackson Circuit Court. — Eon. James E. Slover, Judge. (1) Defendant’s demurrer, at close of plaintiff’s case, should have been sustained, because it clearly appeared from the evidence that defendant’s agent in uttering the words alleged to have been uttered was acting wholly outside of the scope of his employment, and the malice, if any, was his. Milton v. Railroad, 193 Mo. 58; Gas Light Go. v. Lansden, 172 U. S. 534; Singer Mfg. Co. v. Taylor, 43 So. 210. (2) Plaintiff’s instruction numbered 1, permits M'cCoy’s malice to be imputed to defendant, and invades the province of the…
1Opinion of the CourtJohnson, J.
Action against a corporation for slander. Actual and punitive damages were asked in the petition, but the verdict and judgment recovered by plaintiff were for actual damages only. Defendant appealed.
Defendant is an Ohio corporation engaged in the business of selling ready made clothing on the instalment plan in various cities of the United States. One of its stores is in Kansas City.- Plaintiff, a grocery clerk in Kansas City, bought some clothing of defendant on credit and afterwards paid for it in full. Sometime after the last payment was.made, a collector of defendant presented a bill for…
2Cases cited3 opinions
- Washington Gas Light Co. v. LansdenSupreme Court of the United States · 1899
- Singer Manufacturing Co. v. TaylorSupreme Court of Alabama · 1907
- Milton v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1906
3Cited by8 opinions
- Waters-Pierce Oil Co. v. BridwellSupreme Court of Arkansas · 1912
- Southwestern Telegraph & Telephone Co. v. LongCourt of Appeals of Texas · 1915
- Fensky v. Maryland Casualty Co.Supreme Court of Missouri · 1915
- Buckeye Cotton Oil Co. v. SloanCourt of Appeals for the Sixth Circuit · 1918
- Citizens Gas & Electric Co. v. BlackOhio Supreme Court · 1916
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