100 Ga. 213 | Ga. | 1897
Charles H. Behre brought his action against the'Rational -Cash Register Company, a corporation, alleging in his petition that he had sustained damage on account of certain slanderous words which had been uttered by the agent of the ■ defendant while acting in and about the business of said corporation; and also by a libelous writing which the corporation had caused to be published in certain newspapers. ‘On demurrer the court dismissed the declaration, holding
1. The petition alleged that the defendant’s agent went' about from place to place and while in the conduct of the defendant’s business uttered words in reference to plaintiff which were false and malicious. While it is distinctly alleged that the words complained of were uttered by the agent of defendant within the scope of the agency and in behalf of and for the interest of the defendant, it failed to allege that the defendant expressly directed or authorized the agent to speak the words in question. “A corporation will not be liable for any slander uttered by an officer, even though he be\ acting honestly for the benefit of the company and within the scope of his duties, unless it can be proved that the corporation expressly ordered and directed that officer to say those very words: for a slander is the voluntary and tortiousact of the speaker.” Odgers on Libel and Slander, 1st Am. ed. *368; Newell on Defamation, Slander and Libel, 1st ed. 361. “As a corporation can act only by or through its-agents, and as there can be no agency to slander, it follows ■ that a corporation cannot be guilty of slander; it has not the capacity for committing that wrong. If an officer or an agent be guilty of slander, he is personally liable, and no-liability results to the corporation.” Townshend on Slander and Libel, 2d ed. §265. Dodge v. Bradstreet Co., 59 How. Prac. 104.
2. “A corporation may make a libelous publication.”' Howe Machine Company v. Souder, 58 Ga. 65. The remaining question -to be determined in this case is, therefore, whether there is a cause of action as for a libel set forth in the declaration. The article complained of as libelous was as follows:
“Mr. Chas. H. Behre is no longer connected with the National Cash Register Company, and has not been since-August, 1893. Any contracts made by him for the company "will be void. [Signed] J. Block, Agent, National Cash Register Company.”
There was no error in sustaining the demurrer to so much of the petition as attempted to set forth a cause of action for slander, but’the demurrer should have been overruled as to the paragraphs referring to the libel complained of.
Judgmmt reversed.