Gordon v. . Fredle

175 S.E. 126, 206 N.C. 734, 1934 N.C. LEXIS 296

• Court: Supreme Court of North Carolina
• Decided: June 20, 1934
• Status: Published

Opinion

CoNNOR, J.

The cause of action alleged in the complaint accrued at the date of the publication of the defamatory words, which the plaintiff contends are actionable per se. 37 C. J., 17; 17 R. C. L., 372.

All tbe evidence shows that the said defamatory words were published in 1923 or 1924, and that the action was begun on 19 February, 1929. The action was not begun within six months after the cause of action accrued, and for that reason is barred by the statute of limitations. O. S., 444.

It is immaterial that the action was begun within six months after the plaintiff discovered that defendants were the authors of the letters containing the defamatory words. Blount v. Parker, 78 N. C., 128, Fox v. Wilson, 48 N. C., 486. There is no provision in the statute that an action for slander can be maintained if begun within six months from the date of the discovery by the plaintiff that the defendant was the author of the slander, where the slanderous words were uttered or published more than six months prior to the commencement of the action. There was no error in the judgment of nonsuit. The judgment is

Affirmed.