Jones v. Banner
Missouri Court of Appeals
Appeal from Putnam Circuit Court. — Hon'. G. W. Wcmamaker, Judge. (1) Words not in themselves actionable cannot be rendered so by an innuendo without a prefatory averment of extrinsic facts which makes them slanderous. Townsend on SI. & Lib. (4 Ed.) 566; Church v. Bridgman, 6 Mo. 196; McManus v. Jackson, 28 Mo. 56; Powell v. Crawford, 107 Mo. 595; Cook v. Pulitzer Pub. Co., 241 Mo. 326. (2) An innuendo may not introduce new matter or enlarge the natural meaning of words.
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Appeal from Putnam Circuit Court. — Hon'. G. W. Wcmamaker, Judge. (1) Words not in themselves actionable cannot be rendered so by an innuendo without a prefatory averment of extrinsic facts which makes them slanderous. Townsend on SI. & Lib. (4 Ed.) 566; Church v. Bridgman, 6 Mo. 196; McManus v. Jackson, 28 Mo. 56; Powell v. Crawford, 107 Mo. 595; Cook v. Pulitzer Pub. Co., 241 Mo. 326. (2) An innuendo may not introduce new matter or enlarge the natural meaning of words. It must not put upon the defendant’s words a construction which they will not bear. It cannot alter .or extend the sense of…
1Opinion of the CourtTrimble, J.
Respondent, a young woman twrenty-five years of age, sued appellant on a petition in four counts, the first of which alleged indecent, lascivious assault, the second and third charged libel, and the fourth slander.
At the close of plaintiff’s evidence she dismissed the second and third counts charging libel. And at the close of all the evidence a demurrer to the fourth count was overruled and the case submitted to the jury on the first and fourth counts charging assaults and slander respectively. The jury found for appellant on the assault charge, but returned a verdict against him on the…
2Cases cited8 opinions
- Julian v. Kansas City Star Co.Supreme Court of Missouri · 1908
- Nelson v. BorcheniusIllinois Supreme Court · 1869
- Birch v. BentonSupreme Court of Missouri · 1858
- McGinnis v. George Knapp & Co.Supreme Court of Missouri · 1891
- Nelson v. MusgraveSupreme Court of Missouri · 1847
3 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Boyce v. WheelerMissouri Court of Appeals · 1917
- Kirk v. EbenhochSupreme Court of Missouri · 1945
- Frank v. HerringMissouri Court of Appeals · 1948
- Caffey v. MoffattMissouri Court of Appeals · 1922