Williams v. Equitable Credit Co., Inc.

• Decision Date: 12 February 1925
• Docket Number: 15556.
• Citation: 126 S.E. 855,33 Ga.App. 441
• Parties: WILLIAMS v. EQUITABLE CREDIT CO., INC.
• Court: Georgia Court of Appeals

126 S.E. 855

33 Ga.App. 441

WILLIAMS v. EQUITABLE CREDIT CO., INC.

No. 15556.

Court of Appeals of Georgia

February 12, 1925

Rehearing Denied Feb. 28, 1925.

Syllabus by the Court.

Words which do not in themselves unequivocally convey a charge which may become libelous when falsely and maliciously published may nevertheless convey such a charge when the words are capable of being so understood and are so understood by the person to whom they are uttered. Words apparently innocent may convey such a charge when they are considered in connection with the innuendo and the circumstances surrounding their publication.

A written telegraphic message deposited with a telegraph company, which is directed to a chief of police and charges that "C. A. Williams, care Colonel Bussell, has removed mortgaged Ford touring car motor number seven seven six two two five five out of Bacon county without paying us stop. Please hold car. Equitable Credit Company, Inc., 314 P," by reason of the fact that it was directed to a police officer and charged that C. A. Williams had removed mortgaged property out of Bacon county without paying the author of the telegram therefor, by innuendo charged the commission of the crime of wrongfully disposing of mortgaged property.

In a suit for libel by C. A. Williams against the author of the telegram, the Equitable Credit Company, Inc., where it is alleged that such charge was published of and concerning C A. Williams by the author by depositing the same as a written message with the telegraph company, which transmitted the contents of the message to the chief of police of Waycross Ga., to whom it was directed, thus publishing the charge to the employees of the telegraph company and to the chief of police of Waycross, Ga., who read the same, which charge was false and was uttered by its author willfully and maliciously and for the purpose of injuring the character of C. A Williams and exposing him to hatred and contempt, a cause of action in favor of C. A. Williams for libel was set out against the author of the telegram and such communication was not privileged. Civ. Code 1910, §§ 4433, 4436, 4437; Holmes v. Clisby, 121 Ga. 241, 48 S.E. 934, 104 Am.St.Rep. 103. Such a charge, imputing a crime, was actionable per se.

In a suit by the Equitable Credit Company, Inc., against C. A Williams, to foreclose a conditional sale agreement covering the automobile purchased by the defendant from ...