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Torts keyed to Robertson
Teel v. May Department Stores Co.
Citation:
Supreme Court of Missouri, 1941. 348 Mo. 696, 155 S.W.2d 74.Facts
The Plaintiff, Teel, lived with his sister-in-law, Leona Teel, who was separated from the Plaintiff’s brother and had a pending divorce against him. Leona went by the name Leona Nesslein, the name of her former husband before the Plaintiff’s brother. in 1939, Leona met A.F. Foster of Wood River, Illinois that spring and they frequently spent time together. Foster told Leona that she could charge on his account and that when she did so, she should say she was Mrs. Foster.
In November of 1939, Leona asked the Plaintiff to accompany her to the Defendant’s store. Leona bought items there totaling $93.39. She told the Defendant’s clerks that she was Mrs. A.F. Foster. The Plaintiff said she knew that Leona was not Mrs. Foster. Leona left her car in a parking lot nearby and she and the Plaintiff made two trips to the car to put some of the packages in there. The largest amount of the purchases she made were linens and blankets totaling $53.26 from the bedding department. When they went back to the bedding department to get these purchases, the Defendant’s detective, Mr. Zytowski came over to the Plaintiff and asked her if she was charging on the Foster account. The Plaintiff motioned to Leona.
The detective asked Leona if she was charging on the account to which she answered in the affirmative. The detective then asked her if she was Mrs. Foster and Leona replied that she was. The detective then instructed the clerk to hand the Plaintiff and Leona each a package and told them that they would have to come with him. The Plaintiff testified that she was afraid that if they didn’t go, they would be forced to do so. The detective took them to the credit department where a credit manager told the Plaintiff and Leona that he had called the Foster household, spoken to Mrs. Foster, and had been told by Mrs. Foster that no one was authorized to buy on their account. The credit manager then asked Leona if she was Mrs. Foster and Leona once again stated that she was. The credit manager said to Leona that Leona knew she was not telling the truth and might as well admit she was not Mrs. Foster because he knew Mrs. Foster.
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Topic Resources
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Intentional Torts