Paul v. National Auction Co.
Supreme Court of North Carolina
Appeal from Cra/nmer, J., at May Term, 1920, of Beaueoet. The cause was before us at the preceding term, and a certiorari was ordered for a further statement of case on appeal. The writ having been complied with, it appears that plaintiff instituted this action returnable to October Term of the Superior Court of 1917, against the National Auction Company, S. A. Eure, its president, and W. T. Burton, trading as Burton Brothers.
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Appeal from Cra/nmer, J., at May Term, 1920, of Beaueoet. The cause was before us at the preceding term, and a certiorari was ordered for a further statement of case on appeal. The writ having been complied with, it appears that plaintiff instituted this action returnable to October Term of the Superior Court of 1917, against the National Auction Company, S. A. Eure, its president, and W. T. Burton, trading as Burton Brothers. That personal service of summons was made on all of the defendants, and verified complaint duly filed against all of them, alleging in effect a breach of contract on…
1Opinion of the CourtHoee, J.
The allegations in the complaint, duly verified and unanswered by defendant Burton, are in effect that the publication, the basis of plaintiff’s cause of action, was both false and malicious, and designed and intended to injure plaintiff in his business reputation, to his great damage, and the evidence offered in support of the charge tended to show that in 1917 plaintiff, a young man desiring to enter the real estate business in the town of Washington and vicinity, a new field, was advised that his efforts and business success would be greatly promoted if he would associate himself with…
2Cases cited11 opinions
- Burt v. Advertiser Newspaper Co.Massachusetts Supreme Judicial Court · 1891
- Triggs v. Sun Printing & Publishing Ass'nNew York Court of Appeals · 1904
- Osborn v. Leach.Supreme Court of North Carolina · 1904
- Jones v. . BrinkleySupreme Court of North Carolina · 1917
- Carter v. . KingSupreme Court of North Carolina · 1917
6 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Flake Ex Rel. Flake v. Greensboro News Co.Supreme Court of North Carolina · 1938
- Wheeler v. GreenOregon Supreme Court · 1979
- Foster v. . HymanSupreme Court of North Carolina · 1929
- Hedgepeth Ex Rel. Hedgepeth v. ColemanSupreme Court of North Carolina · 1922
- Hucko v. Jos. Schlitz Brewing Co.Court of Appeals of Wisconsin · 1981
4 more not listed; retrieve them via the Exa API.