Mccravy v. Schneer's, 23227.

• Decision Date: 07 October 1933
• Docket Number: No. 23227.,23227.
• Citation: 171 S.E. 391,47 Ga.App. 703
• Parties: McCRAVY. v. SCHNEER'S.
• Court: Georgia Court of Appeals

47 Ga.App. 703

171 S.E. 391

McCRAVY.

v.SCHNEER'S.

No. 23227.

Court of Appeals of Georgia, Division No. 1.

Oct. 7, 1933.

Syllabus by the Court.

1. "A libel is a false and malicious defamation of another, expressed in print, or writing, or pictures, or signs, tending to in jure the reputation of an individual, and exposing him to public hatred, contempt, or ridicule. The publication of the libelous matter is essential to recovery." Civil Code 1910, § 442S. Measured by this standard, the petition fails to set forth a cause of action.

2. Unless the alleged libelous matter is communicated by the defendant to a person other than the plaintiff, there is no publication thereof.

Error from Superior Court, Fulton County; John D. Humphries, Judge.

Suit by F. O. McCravy, Jr., against Schneer's. To review a judgment sustaining a general demurrer to the petition, plaintiff brings error.

Affirmed.

Louis H. Foster and John H. Payne, both of Atlanta, for plaintiff in error.

Ellis McClelland, of Atlanta, for defendant in error.

GUERRY, Judge.

The plaintiff brought an action for libel, alleging that the defendant sent to him by registered mail the following letter, which is alleged to be libelous per se. "December 13, 1932. Mr. Felix O. McCravy, Jr., Route 7, Box 331, Atlanta, Georgia. A legal demand for the money due us or the return of our merchandise. This letter is being sent by Registered Mail, so the Court will know you have had proper notice. Remember, we positively hold legal title to the merchandise in your possession until the account is fully paid. Our future action will be determined by yours. If you still persist in ignoring the account, we will take legal action immediately to protect our interest. This is positively the last notice. Yours very truly, Schneer's. H. E. Brooks, Collection Manager, CL/F Registered Mail." The petition states that the plaintiff was indebted to the defendant for merchandise to which the defendant had retained title. The court sustained a general demurrer and dismissed the petition.

To maintain an action for libel, the matter published must either be libelous per se, or it must be so stated that it may reasonably be construed, by innuendo at least, to be libelous. It must also be communicated to some person other than the plaintiff. The petition itself shows that this was a letter written by the defendant to the plaintiff, sent by registered mail. Without more, this does not amount to a publication. The allegation in the petition that ...