Duffy v. Gray
Supreme Court of Missouri
Appeal from St. Louis Circuit Court. I. A party can have but one satisfaction for the same wrong. (Thomas vs. Rumsey, 6 Johns. 26 ; Webb vs. Cecil, 9 B. Monroe, 198.) II. The record showing recovery and satisfaction in the former case, was competent evidence in this case in mitigation of damages. Partners, as a partnership, cannot recover in slander for injury to their private feelings and personal character, but only for damages to their joint trade or business.
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Appeal from St. Louis Circuit Court. I. A party can have but one satisfaction for the same wrong. (Thomas vs. Rumsey, 6 Johns. 26 ; Webb vs. Cecil, 9 B. Monroe, 198.) II. The record showing recovery and satisfaction in the former case, was competent evidence in this case in mitigation of damages. Partners, as a partnership, cannot recover in slander for injury to their private feelings and personal character, but only for damages to their joint trade or business. (Collyer on Partnership, § 680 ; Story on Partnership, §§ 256, 257; Townsend on Slander, 381; Selwyn’s Nisi Prius, p. 1260; Taylor…
1Opinion of the CourtAdams, Judge
This was an action for slander. The actionable words charged in the petition are, “ Duffy & Kincer are damned thieves and swindlers.”
Duffy & Kincer were partners, doing business as merchants under that name, the individual members being, plaintiff' and one Abner Kincer. They had brought a joint action against the defendant for injury to their business on account of these words, and recovered a judgment for one dollar and costs, which had been paid by the defendant.
The defendant set up this former recovery and satisfaction, as a bar to this action.
On the trial the court ruled out this defense,…
2Cited by6 opinions
- Henderson v. United States Radiator CorporationCourt of Appeals for the Tenth Circuit · 1935
- Lee v. GuettlerSupreme Court of Missouri · 1965
- Hansen Mercantile Co. v. Wyman, Partridge & Co.Supreme Court of Minnesota · 1908
- Adams v. City of DuluthSupreme Court of Minnesota · 1928
- Lester v. HawkinsCourt of Appeals of Texas · 1915
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