Supreme Court of North Carolina, 1958

Herndon v. Melton

Herndon v. Melton
Supreme Court of North Carolina · Decided November 19, 1958 · Parker
105 S.E.2d 531; 249 N.C. 217; 1958 N.C. LEXIS 443 (South Eastern Reporter, Second Series)

Herndon v. Melton

Opinion

PeR CuRiam.

Upon consideration of the evidence offered by plaintiff in the light of his pleading it is clear that the alleged libelous article was written by defendant as a report of his investigation on visit to the Hong Kong Mission of the Pentecostal Holiness Church pursuant to directive of the church. Thus the rule of qualified privilege is applicable. And there being no evidence of express or actual malice, the judgment as of nonsuit is deemed proper. See Gattis v. Kilgo, 128 N.C. 402, 38 S.E. 931; s. c. 140 N.C. 106, 52 S.E. 249.

Affirmed.

PARKER, J., not sitting.

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