Nissen v. . Cramer
Supreme Court of North Carolina
Libel — Slander — Privileged Declarations — Malice—Evidence— Burden of Pro»j. While an action between Geo. H. Nissen (the plaintiff in this action) and the Genesee Gold Mining Company was being tried before the Hon. J. Ii.
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Libel — Slander — Privileged Declarations — Malice—Evidence— Burden of Pro»j. While an action between Geo. H. Nissen (the plaintiff in this action) and the Genesee Gold Mining Company was being tried before the Hon. J. Ii. Dillard as a referee under an order of the Superior Court of Davidson County, the plaintiff therein, during his examination as a witness, testified that John T. Cramer, the agent of the Genesee Gold Mining Company, “ wanted me to give him $500 for giving me the contract” — referring to a disputed item of $500, which was a material issue in the case. Cramer was present,…
1Opinion of the Court
Avery, J.:
The plaintiff’s exceptions raise the question whether the defendant, representing a corporation as agent, at a trial before a referee, is protected in saying of the testimony of plaintiff, who had been examined as a witness, “That’s a lie,” when counsel was present, also appearing for the corporation, and whether, under the admitted circumstances, the privilege, if it existed at all, was absolutely, or only prima facie a protection, for if there was only a presumption of good faith the plaintiff might rebut it by showing -the existence of actual malice when the language was used.
Chie…
2Cases cited3 opinions
- Lawson v. HicksSupreme Court of Alabama · 1862
- Downer v. StainesWisconsin Supreme Court · 1856
- Lester v. ThurmondSupreme Court of Georgia · 1874
3Cited by20 opinions
- Myers v. HodgesSupreme Court of Florida · 1907
- Laun v. Union Electric Co. of MissouriSupreme Court of Missouri · 1942
- Gattis v. Kilgo.Supreme Court of North Carolina · 1901
- Gudger v. . PenlandSupreme Court of North Carolina · 1891
- Harshaw v. . HarshawSupreme Court of North Carolina · 1941
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