Ecuyer v. New York Life Insurance

Citations

• 107 Wash. 411
• 181 P. 871
• 1919 Wash. LEXIS 747

Syllabus

<p>Adpeal (473)—Review—Law op Case. The facts on a second trial being the same as on the former trial, the decision on the former appeal becomes the law of the ease.</p> <p>Libel and Slandeb (16, 35)—Exceeding Privilege—Evidence— Sufficiency. Charges by an insurance auditor and cashier that a cash clerk of an insurance company had stolen money, made at an interview with the clerk at which the father was present, are only qualifiedly privileged, and whether the statement was bona fide or malicious is a question for the jury, notwithstanding the defendant’s officers testified positively that there was no malice and that they spoke and acted in good faith for the welfare of the company, where the charge was not confined to the admitted fact that the clerk was short a small sum in his accounts, it appeared that others in the office might have stolen the money from his cash drawer, a close cross-examination of plaintiff did not detract from his straightforward and convincing evidence, and thereafter other like slanderous statements were made to other parties.</p> <p>COBPOBATIONS (190)-REPRESENTATION BY AGENTS—SLANDER. An insurance corporation is liable for a malicious slander uttered by its auditor and cashier charging a cash clerk with stealing, made upon inspecting and checking up his accounts, the same being within the scope of their employment.</p> <p>Libel and Slander (53)—Instructions. In an action for slander, in which there was evidence that the defendant’s Qfficers had exceeded their privilege in charging a cash clerk with stealing, no just complaint can be made of submitting the question of exceeding the privilege, requiring the plaintiff to show malice, and if the privilege was exceeded and malice shown, authorizing the jury to fix the damages, but allowing no special damages for loss of employment in the absence of any evidence thereof.</p> <p>• Same (36)—Damages—Measure. In an action for slander, in charges by a life insurance company that its cash clerk had