Rammell v. Otis
Supreme Court of Missouri
Appeal from, Nodaway Circuit Court. I. The words charged are not actionable per se, but Only by reason of some special damage in respect to plaintiff’s trade or profession, which damage should have been averred and proved and was not. (Curry vs. Collins, 37 Mo., 324; Sellers vs. Tell, 4 Barn. & Or., 655.) . I. The court did not err in the admission of evidence under the second count in the petition.
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Appeal from, Nodaway Circuit Court. I. The words charged are not actionable per se, but Only by reason of some special damage in respect to plaintiff’s trade or profession, which damage should have been averred and proved and was not. (Curry vs. Collins, 37 Mo., 324; Sellers vs. Tell, 4 Barn. & Or., 655.) . I. The court did not err in the admission of evidence under the second count in the petition. Any eharge of dishonesty against one in connection with his profession or business, whereby his character in his profession or business may be injuriously affected, is slanderous per se. (Fowels…
1Opinion of the CourtWag-nee, Judge
This was an action for slander. The petition contained two counts. The first charged that the defendant accused the plaintiff of the crime of larceny, in stealing meal, flour and grain from a mill belonging to defendant and others, in which plaiutiff was employed as a miller. The second count charged that the defendant accused plaintiff, in his character and profession of miller and book-keeper for the company, with keeping false and dishonest books.
' The defendant admitted speaking the words, and justified by alleging their truth. On this issue the cause was tried, and there was a verdict on…
2Cases cited1 opinion
- Curry v. CollinsSupreme Court of Missouri · 1866
3Cited by9 opinions
- Noeninger v. VogtSupreme Court of Missouri · 1886
- Stannard v. Wilcox & Gibbs Sewing MacHine Co.Court of Appeals of Maryland · 1912
- Eby v. WilsonSupreme Court of Missouri · 1926
- Walsh v. Pulitzer Publishing Co.Supreme Court of Missouri · 1913
- Vanloon v. VanloonMissouri Court of Appeals · 1911
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