Joseph S. Baum Mercantile Co. v. Levin
Missouri Court of Appeals
Appeal from Jasper County Circuit Court . — Hon. Ray Bond, Special Judge. (1) Plaintiff’s petition and proof makes at most, only a case of constructive, implied and indirect defamation of plaintiff, its business and its goods and, under the decisions of the Supreme Court of Missouri and the line of authorities followed By our Supreme Court, affords no ground for equitable relief.
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Appeal from Jasper County Circuit Court . — Hon. Ray Bond, Special Judge. (1) Plaintiff’s petition and proof makes at most, only a case of constructive, implied and indirect defamation of plaintiff, its business and its goods and, under the decisions of the Supreme Court of Missouri and the line of authorities followed By our Supreme Court, affords no ground for equitable relief. Consumers Gas Co. v. Kansas City Co., 100 Mo. 507; Flint v. Hutchinson Swope Burner Co., 110 Mo. 501; Clothing Co. v. Watson, 168 Mo. 133; Boston Diatite Co. v. Florence Mfg. Co., 114 Mass. 69; Whitehead v: Kitson,…
1Opinion of the CourtFarrington, J.
The plaintiff, a corporation of which the capital stock was practically all owned by Joseph S. Baum, and the defendant Levin, are rival merchants with stores located on Main street in the-city of Joplin, Mo. Defendants Newton and Barnard are clerks of Levin. Plaintiff’s store occupies two-rooms, numbered 810 and 812, separated by a stairway which leads up to a hotel on the second floor. Just north of and adjoining plaintiff’s north room is the-defendant’s (Levin’s) store, occupying one room, numbered 808. Plaintiff carried, principally, a line of dry goods; defendant,- principally clothing…
2Cases cited15 opinions
- Marx & Haas Jeans Clothing Co. v. WatsonSupreme Court of Missouri · 1902
- Citizens' Light, Heat & Power Co. v. Montgomery Light & Water Power Co.U.S. Circuit Court for the District of Middle Alabama · 1909
- Globe Newspaper Co. v. CommonwealthMassachusetts Supreme Judicial Court · 1905
- Juan F. Portuondo Cigar Manufacturing Co. v. Vicente Portuondo Cigar Manufacturing Co.Supreme Court of Pennsylvania · 1908
- Vassar College v. Loose-Wiles Biscuit Co.District Court, W.D. Missouri · 1912
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- Trigo Hermanos v. Sobrino de Izquierdo, Inc.Supreme Court of Puerto Rico · 1951