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249 N.C. 217

105 S.E.2d 531

Herndon v. Melton

Supreme Court of North Carolina

Decided November 19, 1958

Supreme Court of North Carolina · decided 1958-11-19

Cited by 8 later decisions — most recently June 1969

6 state decisions

Relies on Gattis v. Kilgo. · Gattis v. Kilgo.

Good law ✅— No negative treatment on recordhow we know

Decided 1958-11-19

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PeR CuRiam.

¶1 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.

¶2 Affirmed.

PARKER, J., not sitting.
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