Hedgepeth v. Coleman

183 N.C. 309, 111 S.E. 517 (1922)

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Hedgepeth v. Coleman

North Carolina Supreme Court
183 N.C. 309, 111 S.E. 517 (1922)

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Facts

H. G. Coleman (defendant) was a merchant. His storehouse was broken into, and goods were stolen. Leroy Hedgepeth (plaintiff) was a 14- or 15-year-old boy. Hedgepeth received an anonymous letter that accused him of breaking in and stealing the goods. The letter demanded that he return the goods by dropping them off through a cathole in a shed door. Hedgepeth showed the letter to his brother and a friend, and his brother showed it to their father. Hedgepeth’s father confronted Coleman, who denied writing the letter but admitted to knowing about it. Hedgepeth filed suit against Coleman for libel. Colman filed a motion to nonsuit the case on the grounds that the libel claim must fail because the statement had not been published to a third party: it had been sent only to Hedgepeth, and other people saw the statement only because Hedgepeth showed it to them. The trial court denied Coleman’s motion. The jury found that Coleman had been the one to send the letter, and Coleman appealed but did not dispute the jury’s finding.

Rule of Law

Issue

Holding and Reasoning (Adams, J.)

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