Ukman v. Daily Record Co.
Supreme Court of Missouri
Appeal from. St. Louis City Circuit Court. — Row. Franklin Ferriss, Judge. (1) It is well settled that, where the words published are in writing and impute fraud, they are actionable per se, regardless of whether or not a crime is charged. Sullivan v. Com. Co., 152 Mo. 268; Houstan v. Woolley, 37 Mo. App. 15; Lanins v. Druggist Pub. Co., 20 Mo. App. 12. And especially is this true when plaintiff is a man in business where the words touch him in his business.
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Appeal from. St. Louis City Circuit Court. — Row. Franklin Ferriss, Judge. (1) It is well settled that, where the words published are in writing and impute fraud, they are actionable per se, regardless of whether or not a crime is charged. Sullivan v. Com. Co., 152 Mo. 268; Houstan v. Woolley, 37 Mo. App. 15; Lanins v. Druggist Pub. Co., 20 Mo. App. 12. And especially is this true when plaintiff is a man in business where the words touch him in his business. Nolinger v. Vogt, 88 Mo. 589; Rammell v. Otis, 60 Mo. 365. (2) The law has special regard for the reputation of men which they have…
1Opinion of the CourtLamm, J.
Suit for damages for an alleged libel-
ous publication. At the close of plaintiff’s case, the court gave an instruction in the nature of a demurrer to the evidence, whereupon plaintiff took a nonsuit with leave. After an unlucky motion to set the non-suit aside, plaintiff, on proper steps, perfected an appeal and brought his case here.
The paper -issues may be formulated thus:
The petition alleges that plaintiff was engaged in selling cigars in St. Louis under the name of A. Gr. Uk-' man Cigar Company and in the conduct of his business had established and maintained an excellent credit with the…
2Cases cited16 opinions
- Minter v. Bradstreet Co.Supreme Court of Missouri · 1903
- Giles v. StateSupreme Court of Georgia · 1849
- Mitchell v. Bradstreet Co.Supreme Court of Missouri · 1893
- Heller v. Pulitzer Publishing Co.Supreme Court of Missouri · 1899
- Dexter v. SpearU.S. Circuit Court for the District of Rhode Island · 1825
11 more not listed; retrieve them via the Exa API.
3Cited by25 opinions
- James Turntine v. Charles PetersonCourt of Appeals for the Eighth Circuit · 2020
- Jacobs v. Transcontinental & Western Air, Inc.Supreme Court of Missouri · 1948
- American Broadcasting-Paramount Theatres, Inc. v. SimpsonCourt of Appeals of Georgia · 1962
- Cook v. Pulitzer Publishing Co.Supreme Court of Missouri · 1912
- Laux v. Motor Carriers Council of St. Louis, Inc.Supreme Court of Missouri · 1973
20 more not listed; retrieve them via the Exa API.