Hadley v. . Tinnin
Supreme Court of North Carolina
Appeal by plaintiff from Coolee, J., at tbe May Term, 1915, of ALAMANCE. Action to recover damages, tbe plaintiff alleging a cause of action in slander in tbat tbe defendant charged bim witb tbe crime of false pretense, and another cause of action for malicious prosecution in procuring and prosecuting a criminal warrant, charging the defendant witb false pretense.
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Appeal by plaintiff from Coolee, J., at tbe May Term, 1915, of ALAMANCE. Action to recover damages, tbe plaintiff alleging a cause of action in slander in tbat tbe defendant charged bim witb tbe crime of false pretense, and another cause of action for malicious prosecution in procuring and prosecuting a criminal warrant, charging the defendant witb false pretense. At tbe conclusion of tbe evidence bis Honor entered judgment of nonsuit upon tbe ground tbat there was no evidence to support tbe action, and tbe plaintiff excepted and appealed.
1Opinion of the CourtAlleN, J.
We do not understand why bis Honor concluded tbat there was no evidence to support tbe cause of action for slander, as a witness for tbe plaintiff, J. C. McAdams, testified tbat tbe defendant said to bim: “He (Hadley) bad got bis mare by false pretense” on an occasion which is not claimed to be privileged, and tbe defendant has not pleaded justification.
Tbe crime of false pretense is punishable by imprisonment in tbe penitentiary, and to charge one witb an infamous offense is actionable per se (McKee v. Wilson, 87 N. C., 300), and “In libel and slander, if tie words are actionable per se, tie…
2Cases cited4 opinions
- McKee v. . WilsonSupreme Court of North Carolina · 1882
- State Ex Rel. Lawrence v. BuxtonSupreme Court of North Carolina · 1889
- Poe v. Western Union Telegraph Co.Supreme Court of North Carolina · 1912
- Brinkley v. . KnightSupreme Court of North Carolina · 1913
3Cited by19 opinions
- Stanback v. StanbackSupreme Court of North Carolina · 1979
- State v. AllenSupreme Court of North Carolina · 1973
- Cox v. Hennis Freight LinesSupreme Court of North Carolina · 1952
- Stancill v. . UnderwoodSupreme Court of North Carolina · 1924
- In Re Will of FullerSupreme Court of North Carolina · 1925
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