Legal Opinion

Strickland v. S. H. Kress & Co.

Supreme Court of North Carolina

Decided May 17, 1922Published

Appeal by both parties from Kerr, Jat January Term, 1922, of DURHAM. Civil action to recover damages of defendant company for breach of contract to employ plaintiff for year 1921, and for slander in wrongfully and maliciously charging plaintiff with larceny in January of said year.

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Appeal by both parties from Kerr, Jat January Term, 1922, of DURHAM. Civil action to recover damages of defendant company for breach of contract to employ plaintiff for year 1921, and for slander in wrongfully and maliciously charging plaintiff with larceny in January of said year. There was evidence on part of plaintiff tending to show that defendant S. H. Kress & Company is a corporation or partnership, having a number of connected retail stores in different sections of the country, and' doing an immense volume of business. That one of these stores is located in Durham, N. C., and defendant…

1Opinion

It is fully recognized in this jurisdiction that a corporation may be held liable "for the willful as well as negligent torts of their agents, and that the principle, in proper instances, may be extended to actions for slander where the defamatory words are uttered by the express authority of the company, or within the course and scope of the agent's employment."Cotton v. Fisheries Products Co., 177 N.C. 56-59, citing Cooper v. R. R.,170 N.C. 490; Jackson v. Tel. Co., 139 N.C. 347, and other cases.

As said in that opinion, however, owing to the facility and thoughtless way that such words are…

2Cases cited11 opinions

  1. Sawyer v. RailroadSupreme Court of North Carolina · 1906
  2. Miller v. . RobertsSupreme Court of North Carolina · 1937
  3. Cotton v. Fisheries Products Co.Supreme Court of North Carolina · 1919
  4. Howard-Bobbitt Co. v. Never Fail Land Co.Supreme Court of North Carolina · 1926
  5. Hunsucker v. CorbittSupreme Court of North Carolina · 1924

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