Weltmer v. Bishop
Missouri Court of Appeals
Appeal from Bates Circuit Court. — Ro». W. W. Graves, Judge. (1) Courts do not look withi favor upon charlatans. Richard v. Judd, 15 Abb. Rep. 184. Weltmer’s business comes within the definition of a common fraud. Barr v. Baker, 9 Mo. 850; Thompson v. Cohen, 127 Mo.. 215; State v. Nevell, 1 Mo. 248. It is held not libelous to call a person who practices medicine without full medical qualifications a quack Or impostor, for the law only protects lawful employments.
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Appeal from Bates Circuit Court. — Ro». W. W. Graves, Judge. (1) Courts do not look withi favor upon charlatans. Richard v. Judd, 15 Abb. Rep. 184. Weltmer’s business comes within the definition of a common fraud. Barr v. Baker, 9 Mo. 850; Thompson v. Cohen, 127 Mo.. 215; State v. Nevell, 1 Mo. 248. It is held not libelous to call a person who practices medicine without full medical qualifications a quack Or impostor, for the law only protects lawful employments. Collins v. Carneigie, 1 A. & E. 695, 3 N. & M. 703. Words are not actionable on the theory that they touch one in his business,…
1Opinion of the CourtValliant, J.
Plaintiffs sue as partners in trade to recover damages for an alleged libel of their business. They recovered a judgment for $750 and the defendant appeals. The case comes to this court because a constitutional question is involved.
The petition alleges that the plaintiffs are engaged in the business of magnetic healing and had been so engaged for more than two years at the city of Nevada, and that large numbers of people had been coming to *113them from abroad to be treated by the plaintiffs for diseases; that defendant wrote and caused to be published in a newspaper an article in which the…
2Cases cited2 opinions
- Johnson v. SimontonCalifornia Supreme Court · 1872
- Betts v. Hillman.New York Court of Common Pleas · 1862
3Cited by12 opinions
- Oliver v. Union Transfer Co.Court of Appeals of Tennessee · 1934
- Powers v. Universal Atlas Cement Co.Missouri Court of Appeals · 1953
- Napier v. GreenzweigCourt of Appeals for the Second Circuit · 1919
- Radler v. St. Louis-San Francisco Railway Co.Supreme Court of Missouri · 1932
- Kiburz v. Loc-Wood Boat & Motors, Inc.Supreme Court of Missouri · 1962
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