Legal Opinion

Ozborn v. Woolworth

Supreme Court of Georgia

Decided February 10, 1899PublishedCited by 27 opinions

Action for slander. Before Judge Reid. City court of Atlanta. June 4,1898.

1Opinion of the CourtLumpkin, P. J.

This case presents the single question whether or not an action for slander will lie against a partner ship. The trial judge held, as we think correctly, that such an action was not maintainable. Whatever may be the law-in other jurisdictions, we are quite certain that under our code there can be no action against a partnership for slanderous words uttered by one of its members. Slander is essentially a tort, the principal ingredient of which is malice. “ Partners are not responsible for torts committed by a copartner.” Civil Code, § 2658. There is authority for the proposition that a…

2Cases cited3 opinions

  1. Behre v. National Cash Register Co.Supreme Court of Georgia · 1897
  2. Harrison v. McHenrySupreme Court of Georgia · 1850
  3. Gilbert v. Crystal Fountain LodgeSupreme Court of Georgia · 1887

3Cited by27 opinions

  1. Southern Railway Co. v. ChambersSupreme Court of Georgia · 1906
  2. Page v. Citizens Banking Co.Supreme Court of Georgia · 1900
  3. Rogers v. CarmichaelSupreme Court of Georgia · 1937
  4. Garren v. Southland Corp.Supreme Court of Georgia · 1976
  5. Cochran v. Sears, Roebuck & Co.Court of Appeals of Georgia · 1945

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