Garey v. Jackson
Missouri Court of Appeals
Appeal from Audrain Circuit Court. — Hon. James D. Barnett, Judge. (1) The court should have sustained the defendant’s objection to the introduction of any evidence under the petition because it failed to state facts sufficient to constitute a cause of action, in this: (a) The hare words set out in the petition, viz., “That about two years ago, etc., Mr. Garey resigned his position and opened up a rival store, taking with him a quantity of second hand books, ’ ’ without…
Read the full summary
Appeal from Audrain Circuit Court. — Hon. James D. Barnett, Judge. (1) The court should have sustained the defendant’s objection to the introduction of any evidence under the petition because it failed to state facts sufficient to constitute a cause of action, in this: (a) The hare words set out in the petition, viz., “That about two years ago, etc., Mr. Garey resigned his position and opened up a rival store, taking with him a quantity of second hand books, ’ ’ without other facts by way of inducement or colloquium do not support the innuendo of larceny or any other indictable offense. Bundy…
1Opinion of the CourtBeckee, J.
This is an action for slander, brought by C. E. Garey, plaintiff below, in the circuit court of Boone county, against C. M. Jackson, defendant below. After a trial, resulting in a hung jury, the venue was changed by consent to the circuit court of Audrain county, where, upon a hearing of the case, judgment was rendered in favor of plaintiff and against defendant in the sum of $1000 actual damages and $1250 punitive damages, from which judgment defendant appeals.
We think it necessary for a proper understanding of the case that we quote the inducement or colloquium, the false and defamatory…
2Cases cited2 opinions
- Finley v. SteeleSupreme Court of Missouri · 1900
- Holmes v. Royal Fraternal UnionSupreme Court of Missouri · 1909
3Cited by11 opinions
- Sidney Brown v. Dennis Collins, Dennis Collins v. First National Realty Corp.Court of Appeals for the First Circuit · 1968
- Kroger Grocery & Baking Co. v. YountCourt of Appeals for the Eighth Circuit · 1933
- Estes v. Lawton-Byrne-Bruner Insurance Agency Co.Missouri Court of Appeals · 1969
- Gust v. Montgomery Ward & Co.Missouri Court of Appeals · 1935
- Lonergan v. LoveMissouri Court of Appeals · 1941
6 more not listed; retrieve them via the Exa API.