Legal Opinion

Reusch v. Roanoke Cold Storage Co.

Supreme Court of Virginia

Decided June 20, 1895PublishedCited by 25 opinions

Error to a judgment of the Circuit Court of Roanoke city, Va., in an action of trespass on the case, wherein the plaintiff in error was the plaintiff, and the defendant in error was the defendant. This is an action for libel in writing the letter set out in the opinion of the court. The defendant demurred to the declaration, and the demurrer was overruled, and thereupon the defendant pleaded “not guilty” and “justification.”

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Error to a judgment of the Circuit Court of Roanoke city, Va., in an action of trespass on the case, wherein the plaintiff in error was the plaintiff, and the defendant in error was the defendant. This is an action for libel in writing the letter set out in the opinion of the court. The defendant demurred to the declaration, and the demurrer was overruled, and thereupon the defendant pleaded “not guilty” and “justification.” Upon these pleas issue was joined, and there was a verdict and judgment for the defendant. On the trial the following instructions were given by the court at the instance…

1Opinion of the CourtHarrison, J.

This is an action for libel under the statute which is set forth in the Code in section 2897. The following letter constituted the basis of said action:

“To the Yirginia Company :

You are hereby notified to hold out of any funds due by you to Mr. N. Reusch, of Roanoke, the sum of $312.60, *536being the amount due by him to the Roanoke Gold Storage Company for meat furnished to you. This was furnished on. the faith of receiving the money from you, and upon your assurance that your company would see it paid, hence you are notified, as a protection to yourself, not to pay the sum over to any one but…

2Cases cited1 opinion

  1. Va. & Tenn. R. R. v. SayersSupreme Court of Virginia · 1875

3Cited by25 opinions

  1. W. T. Grant Co. v. OwensCourt of Appeals of Virginia · 1928
  2. Erick Bowman Remedy Co. v. Jensen Salsbery Laboratories, Inc.Court of Appeals for the Eighth Circuit · 1926
  3. M. Rosenberg & Sons, Inc. v. CraftSupreme Court of Virginia · 1944
  4. Chalkley v. Atlantic Coast Line RailroadSupreme Court of Virginia · 1928
  5. Rosenberg v. MasonSupreme Court of Virginia · 1931

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