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Horn v. Ruess

Supreme Court of Arizona

May 21, 1951

HORN et al.
v.
RUESS

Judgment affirmed on condition of remittitur.

John W. Ross and Cusick & Watkins, all of Tucson, for appellants.

Laurence Davis, of Tucson, for appellee.

Phelps, Justice. Udall, C. J., and Stanford, De Concini and La Prade, JJ., concur.

OPINION

Phelps, Justice.

Page 757

[72 Ariz. 133] This is an action for damages which plaintiff-appellee, Velma B. Ruess claims to have sustained as the result of certain slanderous statements alleged to have been made concerning her by defendants-appellants Sarah Horn and Marian Horn. From a judgment in the sum of $ 25,058 and from an order denying their motion for a new trial, defendants appeal.

The complaint sets up six separate causes of action. It is alleged in the first cause of action that on May 20, 1948, defendant Sarah Horn falsely and maliciously spoke and published words of and concerning

Page 758

the plaintiff to one Belle Brooks in which she in substance charged plaintiff with theft. The evidence in support of this claim is to the effect that the statements were in fact made by both defendants. The second cause of action charges that on May 17, 1948, defendant Marian Horn falsely and maliciously spoke and published words of and concerning plaintiff to Frances Shiff Segal in which she in substance accused plaintiff of the theft of a dress from the store of defendants.

[72 Ariz. 134] The third and fourth causes of action charge that on the 20th and 25th days of May, 1948, respectively defendant Marian Horn did falsely and maliciously speak and publish words to Frances Shiff Segal of and concerning plaintiff which in effect charged plaintiff with two separate thefts from the store of defendants.

The fifth cause of action charges that defendant Sarah Horn falsely and maliciously spoke words of and concerning the plaintiff to Amy Pence in the presence of Maud Davis which in substance accused plaintiff of theft from the store of defendants. It is alleged in each of these counts that these accusations were made by the defendants acting in concert and conspiracy with each other or in furtherance of a definite plan agreed upon between them.

The sixth cause of action is based upon a claim for commissions plaintiff alleges she earned as a sales clerk during her employment with defendants. The answer denies generally and ...


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