Opinion
Gen. No. 44,665. (Abstract of Decision.)
Opinion filed April 4, 1949 Released for publication May 17, 1949
MASTER AND SERVANT, § 54 — sufficiency of complaint in action by servant against master. Count in amended complaint alleging that plaintiff had been employed by defendant company, that plaintiff had endeavored to organize employees into a labor union, that company had opposed such efforts and had conspired with codefendant to maliciously injure plaintiff by publicly and falsely accusing plaintiff of stealing $30 from codefendant's locker stated a cause of action for slander, but counts seeking recovery of wages and damages for alleged malicious prosecution did not state a cause of action where there were no allegations of fact showing a contractual obligation upon which to predicate recovery of wages, and no allegation that criminal prosecution against plaintiff had terminated.
See Callaghan's Illinois Digest, same topic and section number.
Appeal from the Superior Court of Cook County; the Hon. JOSEPH A. GRABER, Judge, presiding.
Affirmed in part, reversed in part and remanded with directions. Heard in the first division, first district, this court at the December term, 1948.
Estelle M. Wells, for appellant;
Deming, Jarrett Mulfinger and Hugo J. Thal, for appellees.
Not to be published in full. Opinion filed April 4, 1949; released for publication May 17, 1949.