Baldwin v. Boulware
Missouri Court of Appeals
Appeal from the Bates Circuit Court. — Hon. James H. Lay, Judge. (1) Tlie defendant may show facts and circumstances ■and tbe information on wbicb lie based bis opinion, tO' disprove malice and mitigate the punitive damages. Lewis v. Humphries, 64 Mo. App. 466. -General rumors, or a general suspicion, that plaintiff is guilty of the act imputed, may be given in evidence in mitigation of damages. 13 Am. and Eng.
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Appeal from the Bates Circuit Court. — Hon. James H. Lay, Judge. (1) Tlie defendant may show facts and circumstances ■and tbe information on wbicb lie based bis opinion, tO' disprove malice and mitigate the punitive damages. Lewis v. Humphries, 64 Mo. App. 466. -General rumors, or a general suspicion, that plaintiff is guilty of the act imputed, may be given in evidence in mitigation of damages. 13 Am. and Eng. Ency. of Law, p. 440. (2) The court committed error in permitting witness Guffy to give in evidence a conversation between himself and the defendant, relative to another case pending…
1Opinion of the CourtSmith, P. J.
This is an action of slander wherein-the petition was in two counts, in each of which the words alleged to have been spoken, as the basis of the action, were slanderous Jper se and imputed to the plaintiff the crime of arson.
The answer was a general denial accompanied with a plea in mitigation, to the effect that defendant had good reason to believe that plaintiff set fire to his dwelling house and therefore the words alleged to have been spoken by him were-spoken in good faith in the belief that the same were true. There was a trial in which plaintiff had judgment and defendant appealed. The…
2Cases cited18 opinions
- Buckley v. KnappSupreme Court of Missouri · 1871
- Morey v. Morning Journal Ass'nNew York Court of Appeals · 1890
- Zeliff v. JenningsTexas Supreme Court · 1884
- Edwards v. San Jose Printing & Publishing SocietyCalifornia Supreme Court · 1893
- Heilman v. ShanklinIndiana Supreme Court · 1878
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3Cited by3 opinions
- Carter v. Willert Home Products, Inc.Supreme Court of Missouri · 1986
- Great American Insurance Company v. Sam HorabCourt of Appeals for the Eighth Circuit · 1962
- Cook v. Globe Printing Co.Supreme Court of Missouri · 1910