OPINION
REYNOLDS, C.
This
cause arose in the circuit court of Jackson County. It is an
action for damages for libel by plaintiff against the
defendants. From an adverse judgment for $ 1,500 actual
damages and for $ 1,500 punitive damages, entered in
accordance with the verdict of the jury upon a trial had at
the March term, 1933, of the court, the defendants appeal.
The action is based upon a letter written by defendant M. R.
Voorhees, as branch manager at Kansas City of his
codefendant, Allis-Chalmers Manufacturing Company, to the
postmaster at Kansas City, Missouri, concerning the official
conduct of plaintiff, who was the postmaster at Fairview,
Missouri, with respect to the nondelivery and return by
plaintiff to him of a certain letter which he had written and
forwarded, properly addressed, to one O. R. Swindle at
Fairview, Missouri. The letter complained of is as follows:
"RUMLEY
DIVISION
"Allis-Chalmers Manufacturing Company
"1224
W. 12th St.,
"Kansas
City, Mo.
"July
7, 1931
"Postmaster,
"Kansas
City, Mo.
"Dear
Sir:
"I
am attaching hereto a registered letter that was sent to Mr.
O. R. Swindle,
Fairview, Missouri, and mailed on June 25th. It has now just
been returned to us marked 'Unclaimed--Gone,' I
opened this letter on its return to see what the contents
were and I have left it open.
"We
have had considerable difficulty with this party over a
collection. We wanted to know that he received this letter,
is why we sent it registered. He undoubtedly had an
understanding with the postmaster at Fairview to return this
letter to us with this notation, because we had one of our
men at Fairview after this date; Mr. Swindle was there then;
our representative met him in the country and made a
collection from him.
"I
am positive that Mr. Swindle has some influence over the
Postmaster at Fairview is why this letter
was not delivered as it should have been.
"Yours
very truly,
"Rumley
Division
"Allis-Chalmers
Manufacturing Company
"(Signed)
M. R. VOORHEES
"Branch
Manager."
The
petition charges as follows:
"That
the plaintiff was at all times herein mentioned an employee
of the United States Post Office Department and as such was
in charge of the post office at Fairview, Missouri, having
the title of postmaster of said office and as such was
esteemed and respected by his business associates and by
other persons and officials in the post office department and
by the inhabitants of Fairview, Missouri, as a person of good
name, fame and credit, a man of unblemished character and as
bearing a reputation for honesty and integrity, both in
business and in private life; that plaintiff has for a number
of years been employed in the post office department, having
merited his position therein by means of passing certain
examinations known as civil service examinations and by
satisfying the proper post office department authorities that
he was a man of honesty, integrity and good character and
that he was worthy of a position of trust and honor in the
United States Post Office Department; that plaintiff held the
position of postmaster at Fairview on July 7, 1931, and for a
long time prior thereto, and that by reason of his good
reputation among post office officials, plaintiff was
entitled to receive favorable consideration for other
advanced positions of employment in the post office
department.
"Plaintiff
further states that on or about July 7, 1931, the defendant
M. R. Voorhees, acting for and on behalf of the
Allis-Chalmers Manufacturing Company and as the agent,
servant, and employee of the defendant Allis-Chalmers
Manufacturing Company in the due course and scope of his
employment, maliciously and for the malicious purpose of
bringing the plaintiff into disrepute among the officials of
the post office department and among the inhabitants of
Fairview, Missouri, and for the purpose of preventing
plaintiff from making further advancements in the post office
department and for the purpose of doing an irreparable injury
to plaintiff's good reputation in the post office
department, sent to the postmaster at Kansas City a letter in
words and figures as follows:
(Here
follows in full the letter complained of, being identical
with that above set out.)
"The
defendant intending by the aforesaid to inform the aforesaid
postmaster at Kansas City, and the other post office
department officials to whom the defendant knew that in the
ordinary course of the post office routine
the above letter would be delivered; that the plaintiff in
the course of his official duties had willfully, maliciously,
wantonly and corruptly refused to deliver a registered letter
sent through the United States mail which it was his duty as
postmaster at Fairview, Missouri, to deliver; the defendant
further intending and meaning to charge and charging by the
words 'he (meaning O. R. Swindle, the party to whom the
registered letter aforementioned was addressed) undoubtedly
has an understanding with the postmaster at Fairview (meaning
this plaintiff),' that the plaintiff had entered into a
corrupt and unlawful conspiracy with one O. R. Swindle for
the purpose of withholding from the addressee a letter which
it was plaintiff's duty as postmaster at Fairview,
Missouri, to deliver, the defendant further meaning by the
aforesaid statement that the plaintiff was a party to a
criminal conspiracy to violate his duties as an employee of
the United States Post Office Department.
"Plaintiff
further states that by the words, 'I am positive that Mr.
Swindle has some influence over the postmaster at Fairview
(meaning the plaintiff) is why this letter was not delivered
as it should have been,' which words were spoken of and
concerning the plaintiff, the defendant meaning and intending
thereby to charge that the plaintiff had willfully, wantonly,
corruptly and in violation of his official duties allowed
himself to be influenced to such an extent that he failed to
perform the duties which were imposed upon him by reason of
his official position as postmaster at Fairview, Missouri,
and that plaintiff had willfully refused to deliver the
United States mails as it was his duty to do, and that
the plaintiff was guilty of corrupt and unlawful acts in the
discharge of his duties as postmaster at Fairview, Missouri.
"Plaintiff
further states that the defendant published the foregoing
libelous statements by sending the aforementioned letter to
the postmaster at Kansas City, which letter was received by
the aforementioned postmaster; that at the time the
defendants sent the aforementioned letter to the postmaster
at Kansas City they knew, or should have known that the
statements therein contained with reference to the plaintiff
having an understanding with one O. R. Swindle and with
reference to O. R. Swindle having an influence over the
plaintiff by reason of which understanding or influence the
plaintiff failed to deliver the aforementioned letter, were
false and yet for the malicious purposes aforementioned and
for the purpose of bringing plaintiff's good name into
disrepute in the post office department and in the City of
Fairview, Missouri, the defendants maliciously, willfully,
and wantonly published the aforementioned letter together
with the libelous statements therein contained by sending it
to the postmaster at Kansas City, Missouri, knowing that in
the ordinary course in which such matters were handled in the
post office department that the letters or
copies of the same would be forwarded to various other post
office department officials and that, in the ordinary course
of proceeding, numerous post office department officials
would be called upon to examine said letter and investigate
the charges therein contained and thus by a long course of
investigations cause plaintiff's reputation and good
standing in the post office department to be irreparably
injured.
"Plaintiff
further states that by reason of the libelous words
aforesaid, he was injured in his good name, fame, and
reputation and was discredited, injured, and damaged, both in
his business connections with the post office department and
in private life; that he was greatly humiliated and has
suffered, and still suffers, and will continue to suffer
great mental agony and shame and as a result thereof has been
damaged in the full sum of ten thousand dollars ($ 10,000) in
actual damages; and that said words and charges having been
uttered and made willfully, wantonly and maliciously,
defendants should respond in punitive damages in the full sum
of twenty thousand dollars ($ 20,000).
"Wherefore,
plaintiff prays judgment against the defendants for the full
sum of ten thousand dollars ($ 10,000) as actual damages and
for the further sum of twenty thousand dollars ($ 20,000) as
punitive damages, together with his costs in this
action."
The
defendant M. R. Voorhees answered, tendering a general denial
and special pleas of justification and privilege. His answer
is as follows:
"Comes
now defendant, M. R. Voorhees, and for his separate answer to
the petition of plaintiff denies each and every allegation
therein contained except such only as are hereinafter
expressly admitted or specifically denied.
"Further
answering said petition this defendant admits that at all of
the times mentioned in plaintiff's petition he was branch
manager of the Kansas City office of the Rumley...
