Kendrick v. Citizens and Southern Nat. Bank, No. 20206

CourtUnited States State Supreme Court of South Carolina
Writing for the CourtLEWIS
Citation223 S.E.2d 866,266 S.C. 450
PartiesDonald W. KENDRICK, Appellant, v. CITIZENS AND SOUTHERN NATIONAL BANK, Respondent.
Decision Date08 April 1976
Docket NumberNo. 20206

Page 866

223 S.E.2d 866
266 S.C. 450
Donald W. KENDRICK, Appellant,
v.
CITIZENS AND SOUTHERN NATIONAL BANK, Respondent.
No. 20206.
Supreme Court of South Carolina.
April 8, 1976.

[266 S.C. 451] Beale & Winter, Columbia, for appellant.

Robinson, McFadden, Moore & Pope, Columbia, for respondent.

[266 S.C. 452] LEWIS, Chief Justice:

Plaintiff-appellant brought this action to recover damages allegedly sustained from

Page 867

slanderous and libelous statements made by an employee of the respondent, Citizens and Southern National Bank (Bank), in connection with the refusal of appellant to make good a dishonored check which had been endorsed by him and cashed at the Bank. This appeal is from an order of the lower court granting the Bank's motion for summary judgment in its favor, based upon the pleadings, deposition of appellant and affidavit and deposition of G. W. Sudyk, the Bank's branch manager. While the lower court based its judgment upon the grounds that the alleged spoken and written words were neither defamatory nor published, we reach only the issue of whether there was a publication. Since we agree that there was no publication of the alleged statements, assuming that they were defamatory, we affirm upon that ground. We largely follow the disposition of this issue in the order of the trial judge.

Mrs. Donald Kendrick, wife of appellant, received a check from a renter on February 16, 1975, in the amount of $181.00, postdated as of February 28, 1975, payable to Mrs. Kendrick and drawn by the renter on the respondent Bank.

Appellant and his wife were longtime customers of the Bank and, at the time of the present transaction, were doing business with it at its James Island Branch, at which G. W. Sudyk was the manager. The business relations between appellant and his wife and the Bank had always been pleasant and satisfactory.

Though appellant and his wife had both open and savings accounts at the James Island Branch when the renter's check, endorsed by appellant and his wife, was presented on February 28, 1975, the check was not deposited in either of their accounts, but appellant asked and received cash. [266 S.C. 453] When the check was presented, the teller did not make the customary investigation with the bookkeeping department to see whether the check was good but, because she recognized appellant as a good customer, the check was cashed for him. Appellant did not advise the teller that the check was postdated.

The check was...

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4 practice notes
  • Holtzscheiter v. Thomson Newspapers, Inc., No. 24842.
    • United States
    • United States State Supreme Court of South Carolina
    • September 22, 1998
    ...failed to prove the statement that Shannon lacked family support was "of and about her." Kendrick v. Citizens & Southern Nat'l Bank, 266 S.C. 450, 223 S.E.2d 866 (1976). While the general rule is that defamation of a group does not allow an individual member of that group to maintain an act......
  • Kennedy v. Richland Cnty. Sch. Dist. Two, Appellate Case No. 2015-000613
    • United States
    • Court of Appeals of South Carolina
    • July 24, 2019
    ...act , to a third-party––someone other than the person defamed." (emphasis added)); 428 S.C. 116 Kendrick v. Citizens & S. Nat'l Bank , 266 S.C. 450, 454, 223 S.E.2d 866, 868 (1976) ("Publication includes proof that the complaining party was the 833 S.E.2d 424 person with reference to whom t......
  • IN RE: Albert R. Wiser And Susan E. Wiser, Case No.: 08-02592-jw
    • United States
    • U.S. Bankruptcy Court — District of South Carolina
    • June 21, 2010
    ...each of these actions requires a publication, verbally or in writing, to a third party. See Kedrick v. Citizens and Southern Nat. Bank, 223 S.E.2d 866 (S.C. 1976). In this case, Debtors have failed to set forth any evidence or allegation in their affidavits that the false statement, created......
  • Carson v. Southern Ry. Co., Civ. A. No. 79-82.
    • United States
    • United States District Courts. 4th Circuit. United States District Court of South Carolina
    • September 27, 1979
    ...his cause of action that the allegedly defamatory statement was published to a third party. Kendrick v. Citizens & Southern National Bank, 266 S.C. 450, 454, 223 S.E.2d 866, 868 (1976); Neely v. Winn-Dixie Greenville, Inc., 255 S.C. 301, 306-08, 178 S.E.2d 662, 665-66 (1971); Prosser, Law o......
4 cases
  • Holtzscheiter v. Thomson Newspapers, Inc., No. 24842.
    • United States
    • United States State Supreme Court of South Carolina
    • September 22, 1998
    ...failed to prove the statement that Shannon lacked family support was "of and about her." Kendrick v. Citizens & Southern Nat'l Bank, 266 S.C. 450, 223 S.E.2d 866 (1976). While the general rule is that defamation of a group does not allow an individual member of that group to maintain an act......
  • Kennedy v. Richland Cnty. Sch. Dist. Two, Appellate Case No. 2015-000613
    • United States
    • Court of Appeals of South Carolina
    • July 24, 2019
    ...act , to a third-party––someone other than the person defamed." (emphasis added)); 428 S.C. 116 Kendrick v. Citizens & S. Nat'l Bank , 266 S.C. 450, 454, 223 S.E.2d 866, 868 (1976) ("Publication includes proof that the complaining party was the 833 S.E.2d 424 person with reference to whom t......
  • IN RE: Albert R. Wiser And Susan E. Wiser, Case No.: 08-02592-jw
    • United States
    • U.S. Bankruptcy Court — District of South Carolina
    • June 21, 2010
    ...each of these actions requires a publication, verbally or in writing, to a third party. See Kedrick v. Citizens and Southern Nat. Bank, 223 S.E.2d 866 (S.C. 1976). In this case, Debtors have failed to set forth any evidence or allegation in their affidavits that the false statement, created......
  • Carson v. Southern Ry. Co., Civ. A. No. 79-82.
    • United States
    • United States District Courts. 4th Circuit. United States District Court of South Carolina
    • September 27, 1979
    ...his cause of action that the allegedly defamatory statement was published to a third party. Kendrick v. Citizens & Southern National Bank, 266 S.C. 450, 454, 223 S.E.2d 866, 868 (1976); Neely v. Winn-Dixie Greenville, Inc., 255 S.C. 301, 306-08, 178 S.E.2d 662, 665-66 (1971); Prosser, Law o......

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