Harriman v. Sayman
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court. — Hon. Rhodes E. Cave,- Judge. ■ (1) The defendant’s demurrer to the evidence should have been given.
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Appeal from St. Louis City Circuit Court. — Hon. Rhodes E. Cave,- Judge. ■ (1) The defendant’s demurrer to the evidence should have been given. The plaintiff, under his admissions and the uneontradicted evidence, was guilty of two transactions, which prove the truth of all the charges made in the language used in the second count of his petition upon which he recovered, namely: getting the twenty-five dollar rake-off on the Weis contract, and collecting the $3.50 for the Old Time Cafe and converting it to his own use. These transactions are admitted under oath by the plaintiff in his…
1Opinion of the CourtBecker, J.
This is a slander suit and while the plaintiff’s amended petition contains seven counts, the case, upon hearing, was finally submitted to the jury upon two counts. There was a judgment in favor of plaintiff on his second count for $1500 actual and $3500 punitive damages, from which defendant appeals.
*212We set forth the statements by way of inducement, the alleged slanderous words, and the innuendo in that count of plaintiff’s petition on which he obtained the judgment.
“That on or about September 6, 1911, plaintiff entered into the employ of defendant as a printer and manager of defendant’s…
2Cases cited3 opinions
- State v. BroderickSupreme Court of Missouri · 1875
- Filber v. DautermannWisconsin Supreme Court · 1871
- McCarty v. BarrettSupreme Court of Minnesota · 1867
3Cited by2 opinions
- Connell v. A. C. L. Haase & Sons Fish Co.Supreme Court of Missouri · 1923
- State ex rel. Harriman v. ReynoldsSupreme Court of Missouri · 1918