Legal Opinion

Peak v. Taubman

Supreme Court of Missouri

Decided June 28, 1913PublishedCited by 17 opinions

Appeal from Lafayette Circuit Court. — Hon. Samuel Davis, Judge. (1) The court erred in granting instruction 3 on the part of the respondent, (a) The conversation between respondent and witness Wilson, was not privileged. Holmes v. Fraternal Union, 222 Mo. 556; Finley v. Steele, 159 Mo. 305; Sullivan v. Company, 152 . Mo. 277; Byam v. Collins, 111 N. Y. 143; Gassett v. Gilbert, 6 Gray (Mass.), 94; Klinck v. Colby, 46 N. Y. 427; Wallace v. Jameson, 179 Pa.

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Appeal from Lafayette Circuit Court. — Hon. Samuel Davis, Judge. (1) The court erred in granting instruction 3 on the part of the respondent, (a) The conversation between respondent and witness Wilson, was not privileged. Holmes v. Fraternal Union, 222 Mo. 556; Finley v. Steele, 159 Mo. 305; Sullivan v. Company, 152 . Mo. 277; Byam v. Collins, 111 N. Y. 143; Gassett v. Gilbert, 6 Gray (Mass.), 94; Klinck v. Colby, 46 N. Y. 427; Wallace v. Jameson, 179 Pa. St. 116; Conway v. Pittsburg Times, 139 Pa. St. 334; Quinn v. Scott, 22 Minn. 462; Swan v. Tappan, 5 Cush. (Mass.) 104; Newell on…

1Opinion of the CourtWoodson, P. J.

The plaintiff instituted this suit in the circuit court of Lafayette county against the defendant to recover $60,000 damages for alleged slanderous words spoken of and concerning the former by the latter.

The petition was in two counts; each asked for $15,000 actual and $15,000 punitive damages.

A trial was had before the court and jury, which resulted in a verdict and judgment for the defendant, and after moving unsuccessfully for a new trial, the plaintiff duly appealed the cause to this court.

After a careful reading of the pleadings, we are satisfied that the following summary thereof, made…

2Cases cited44 opinions

  1. Byam v. . CollinsNew York Court of Appeals · 1888
  2. Buckley v. KnappSupreme Court of Missouri · 1871
  3. Klinck v. . ColbyNew York Court of Appeals · 1871
  4. Julian v. Kansas City Star Co.Supreme Court of Missouri · 1908
  5. Callahan v. IngramSupreme Court of Missouri · 1894

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3Cited by17 opinions

  1. Wipfler v. BaslerSupreme Court of Missouri · 1952
  2. Colbert v. Journal Publishing Co.New Mexico Supreme Court · 1914
  3. Kroger Grocery & Baking Co. v. YountCourt of Appeals for the Eighth Circuit · 1933
  4. Lee v. W. E. Fuetterer Battery & Supplies Co.Supreme Court of Missouri · 1929
  5. State Ex Rel. United Factories, Inc. v. HostetterSupreme Court of Missouri · 1939

12 more not listed; retrieve them via the Exa API.

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