Winans v. Chapman

Citations

• 104 Kan. 664
• 180 P. 266
• 1919 Kan. LEXIS 331

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Slander — Exemplary Damages — Evidence — Financial Condition of Defendant. In an action to recover damages for slander, where exemplary damages may be properly awarded, evidence may be introduced to prove the financial condition of the defendant.</p> <p>2. Same — Evidence—Identity of Party Slandered. In several of the conversations had by the defendant, he did not specifically name the plaintiff as the person talked about. Those who heard those conversations were permitted to testify that they understood that the defendant was speaking of the plaintiff. IJnder the circumstances surrounding and attending those conversations, that evidence was admissible.</p> <p>3. Samis — Evidence—Other Slanderous Statements to Show Malice. In such an action, evidence is properly admitted to prove accusations other than those alleged in the petition, for the purpose of showing malice on the part of the defendant, and for the purpose of showing that he referred to the plaintiff.</p> <p>4. Same — General Damages — Exemplary Damages. In such an action, exemplary damages may be given, where substantial general damages are allowed, although there is no evidence to fix the amount of such i damages, nor to prove that any special damages were sustained.</p> <p>5. Same. — General Verdict — Consistent Findings. A general verdict will not be set aside on account of special questions, where the answers thereto are' not contradictory to the general verdict, but are consistent therewith.</p>