Brown v. Elm City Lumber Co.
Supreme Court of North Carolina
Appeal by plaintiff from Ferguson, Jat April Term, 1914, of Pee-quimaNS. Tbis is an action to recover damages for an alleged libel. Tbe plain■tiff and plaintiff’s witnesses testified substantially to tbe following facts: That in October, 1912, tbe plaintiff purchased from tbe Elm City Lumber Company, through correspondence with N. E. Mobn, a car-load of bay.
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Appeal by plaintiff from Ferguson, Jat April Term, 1914, of Pee-quimaNS. Tbis is an action to recover damages for an alleged libel. Tbe plain■tiff and plaintiff’s witnesses testified substantially to tbe following facts: That in October, 1912, tbe plaintiff purchased from tbe Elm City Lumber Company, through correspondence with N. E. Mobn, a car-load of bay. That the bay was shipped with bill of lading and draft attached, and plaintiff bad to pay for same, before inspecting or weighing it. That bay was purchased “weight guaranteed.” That upon inspecting same, plaintiff found a part of it to…
1Opinion of the CourtAlleN, J.
A libel, as applicable to individuals, is a malicious publication expressed either in printing or writing, or by signs, or pictures, tending either to blacken the memory of one dead or the reputation of one alive, and to expose him to public hatred, contempt, or ridicule. It is any written slander, though merely tending to render the party liable to disgrace, ridicule, or contempt, and it need not impute any definite infamous crime. Simmons v. Morse, 51 N. C., 7.
Tested by this rule, there is no libel in the letter written by the agent of the defendant unless it is contained in the last…
2Cases cited5 opinions
- Ramsey v. . CheekSupreme Court of North Carolina · 1891
- Dickinson v. HathawaySupreme Court of Louisiana · 1909
- Hughes v. . HodgesSupreme Court of North Carolina · 1886
- Hughes v. . McNiderSupreme Court of North Carolina · 1884
- Wakefield v. . SmithwickSupreme Court of North Carolina · 1857
3Cited by22 opinions
- Flake Ex Rel. Flake v. Greensboro News Co.Supreme Court of North Carolina · 1938
- Hellesen v. Knaus Truck Lines, Inc.Supreme Court of Missouri · 1963
- Freeman v. Dayton Scale Co.Tennessee Supreme Court · 1929
- McDaniel v. Crescent Motors, Inc.Supreme Court of Alabama · 1947
- Hedgepeth Ex Rel. Hedgepeth v. ColemanSupreme Court of North Carolina · 1922
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