Legal Opinion

Castelloe v. . Phelps

Supreme Court of North Carolina

Decided March 12, 1930PublishedCited by 5 opinions

1Opinion of the CourtStacy, C. J.

Are tbe words “You have committed a crime and you ought to be put on the roads,” addressed to one in the presence of others, and later repeated to another, actionable per se? We think so, when viewed in the light of their imputation and the circumstances under which they were uttered in the instant case.

The words spoken by the defendant, considering the manner and circumstance of their use, as pointed out in Cotton v. Fisheries Products Co., Ill N. C., 56, 97 S. E., 712, permit the inference, and were probably understood by those who heard them to mean, that the defendant intended to impute…

2Cases cited15 opinions

  1. Sydney v. MacFadden Newspaper Publishing Corp.New York Court of Appeals · 1926
  2. Washington Post Co. v. ChalonerSupreme Court of the United States · 1919
  3. Commercial Pub. Co. v. SmithCourt of Appeals for the Sixth Circuit · 1907
  4. Webster v. . SharpeSupreme Court of North Carolina · 1895
  5. Jones v. . BrinkleySupreme Court of North Carolina · 1917

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3Cited by5 opinions

  1. Oates v. Wachovia Bank & Trust Co.Supreme Court of North Carolina · 1933
  2. Scott v. . HarrisonSupreme Court of North Carolina · 1939
  3. Cotton v. . Fisheries Products Co.Supreme Court of North Carolina · 1919
  4. Satterfield v. . Eckerd's, Inc.Supreme Court of North Carolina · 1931
  5. Satterfield v. Eckerd's of Raleigh, N. C., Inc.Supreme Court of North Carolina · 1931

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