Bridgman v. Armer
Missouri Court of Appeals
Appeal from the DeKalb Circuit Court. — Hon. Wm. S. „ Herndon, Judge. (1) To charge a man with being a thief in general terms may be actionable, because it imputes an indictable offense involving moral turpitude, but if it appears that the word “thief” was used as a mere term of abuse, and that in fact there was no imputation of actual theft conveyed by it, there is no cause of action, and in such case, and indeed in all cases, where, from the plaintiff’s own showing, it…
Read the full summary
Appeal from the DeKalb Circuit Court. — Hon. Wm. S. „ Herndon, Judge. (1) To charge a man with being a thief in general terms may be actionable, because it imputes an indictable offense involving moral turpitude, but if it appears that the word “thief” was used as a mere term of abuse, and that in fact there was no imputation of actual theft conveyed by it, there is no cause of action, and in such case, and indeed in all cases, where, from the plaintiff’s own showing, it appears that the words were not used in an actionable sense, the plaintiff will be nonsuited. 2 Add. on Torts [Wood’s Ed.],…
1Opinion of the CourtEllison, J.
— Plaintiff instituted this action by filing a petition alleging that defendant had slandered him by charging him with being a thief. The allegation was in different forms and was accompanied with *531opprobrious epithets. Plaintiff recovered $400 and defendant appeals.
The evidence clearly showed that defendant had uttered the words charged and had applied them to plaintiff. The evidence further tended to show that plaintiff was defendant’s tenant and that there was a difficulty between the parties arising over plaintiff’s refusal to deliver defendant’s portion of the oats which were then being…
2Cases cited2 opinions
- Jarvis v. HathewayNew York Supreme Court · 1808
- Fawsett v. ClarkCourt of Appeals of Maryland · 1878
3Cited by10 opinions
- Merrill v. MarshallAppellate Court of Illinois · 1904
- Israel v. IsraelMissouri Court of Appeals · 1904
- Lemaster v. EllisMissouri Court of Appeals · 1913
- Dobbin v. Chicago, Rock Island & Pacific Railway Co.Missouri Court of Appeals · 1911
- Michael v. MatheisMissouri Court of Appeals · 1898
5 more not listed; retrieve them via the Exa API.