Draper

This is an appeal by defendant, Hellman Commercial Trust and Savings Bank, a corporation, from a judgment awarding plaintiff $10,000 as damages for the publication by defendant of alleged libelous communications concerning plaintiff. A judgment providing for $15,000 as compensatory damages and $5,000 as exemplary damages was originally entered upon the verdict of the jury, but thereafter defendant moved for a new trial, which was denied upon plaintiff’s filing with the court a written consent to the reduction of the total amount of damages from $20,000 to $10,000. The court thereupon entered its order amending the judgment by reducing the amount of damages. The appeal is taken from the judgment as thus reduced.

Appellant conducts a general banking business in the city of Los Angeles and remains open for the receipt of deposits and the paying out of money until 12 o’clock midnight. Respondent was employed by appellant as a night teller between the dates of April 20, 1921, and October 15, 1921, when he voluntarily left the service of appellant bank, after having given two weeks’ notice of Ms intention to quit and having told the head night teller that he was going to leave a month…