Shehan v. Keen

Court of Appeals of Georgia

Shehan v. Keen

106 S.E. 190, 26 Ga. App. 339, 1921 Ga. App. LEXIS 143

CourtCourt of Appeals of Georgia

DecidedFebruary 26, 1921

Docket11416

StatusPublished

Cited by3 cases

This text of 106 S.E. 190 (Shehan v. Keen) is published on Counsel Stack Legal Research, covering Court of Appeals of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Shehan v. Keen, 106 S.E. 190, 26 Ga. App. 339, 1921 Ga. App. LEXIS 143 (Ga. Ct. App. 1921).

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Opinion

Stephens, J.

1. During an investigation by the proprietor of a mercantile house of the loss of a pair of shoes, which one of the clerks admitted was taken by him but not with a felonious intent, a charge by the proprietor, that the clerk stole the shoes, made in the presence of one of the other clerks and to certain members of the family of the clerk charged with the theft, when made only for the purpose of effecting a return of the shoes, was a privileged communication, made “ in the performance of a private duty ” and with a “ bona fide intent . . to protect his own interest in a matter where it is concerned.” Civil Code (1910), § 4436.

2. Where a suit for slander was brought against the proprietor by the clerk charged with the theft of the shoes, and the evidence of the proprietor was to the effect that the charge was made by him under such circumstances and for such purpose, and where such evidence stood uncontradicted and undisputed, the defendant’s plea of privilege was sustained and a verdict in his favor was demanded by the evidence. See note in 36 L. R. A. (N. S.) 449.

Judgment reversed.

JenMns, P. J., and Hill, J., concur.

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Stephens, J.

1. During an investigation by the proprietor of a mercantile house of the loss of a pair of shoes, which one of the clerks admitted was taken by him but not with a felonious intent, a charge by the proprietor, that the clerk stole the shoes, made in the presence of one of the other clerks and to certain members of the family of the clerk charged with the theft, when made only for the purpose of effecting a return of the shoes, was a privileged communication, made “ in the performance of a private duty ” and with a “ bona fide intent . . to protect his own interest in a matter where it is concerned.” Civil Code (1910), § 4436.

2. Where a suit for slander was brought against the proprietor by the clerk charged with the theft of the shoes, and the evidence of the proprietor was to the effect that the charge was made by him under such circumstances and for such purpose, and where such evidence stood uncontradicted and undisputed, the defendant’s plea of privilege was sustained and a verdict in his favor was demanded by the evidence. See note in 36 L. R. A. (N. S.) 449.

Judgment reversed.

JenMns, P. J., and Hill, J., concur.

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Bluebook (online)

106 S.E. 190, 26 Ga. App. 339, 1921 Ga. App. LEXIS 143, Counsel Stack Legal Research, https://law.counselstack.com/opinion/shehan-v-keen-gactapp-1921.

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