Allen v. Brady

• Decision Date: 07 December 1904
• Citation: 83 S.W. 565
• Parties: ALLEN v. BRADY
• Court: Kentucky Court of Appeals

83 S.W. 565

ALLEN v. BRADY

Court of Appeals of Kentucky.

December 7, 1904

Appeal from Circuit Court, Fulton County.

"Not to be officially reported."

Action for slander by J. H. Allen against J. T. Brady. From a judgment for defendant, plaintiff appeals. Reversed.

Hershall T. Smith, for appellant.

Ed Thomas and Robbins, Thomas & Tyler, for appellee.

NUNN J.

The appellant sued the appellee for slander. A demurrer was sustained to his petition. He amended, and a demurrer was again sustained to the petition as amended. We quote the following language from the amended petition: "For amended petition, the plaintiff says he is a meat cutter butcher, and clerk in a butcher shop, by trade and occupation, is such now, and was such before and during the time the defendant made the false and slanderous statements herein complained of, and was such when the false and slanderous statements in the original petition were made of and concerning him; and he says that, in pursuit of his trade or business, it becomes and is necessary, and he does, in the prosecution of his business, handle, collect, and make change with money belonging to the person or persons for whom he cuts meats and clerks, and that he has not, nor had he at the time of the slanderous statements complained of, any other trade, occupation, or business. He alleges that he worked for defendant in his capacity and character as meat cutter butcher, and clerk. He says that the defendant, with the malicious purpose of injuring and intending to injure his good name, credit, and reputation, and to bring plaintiff into disgrace and disrepute as a clerk, meat cutter, and butcher, among the people of this state and county, spoke and published of and concerning this plaintiff, in his trade business and occupation, the following false, malicious, and slanderous words: 'Allen has robbed me out of all I made in that butcher shop. He has robbed me of all the profits which amounted to several hundred dollars, and is now living on what he stole from me while he was working for me as a meat cutter and butcher."'

To maintain an action for slander for injury to the general reputation or character, it is essential that the words spoken should contain an express imputation of some crime for which the party is liable to punishment. To maintain an action for slander for injury to one's trade or business it is essential that the words spoken must be calculated...