Fields v. Trust Co.
C. H. Fields v. Page Trust Company.
Opinion of the Court
Civil action for libel, in that it is alleged the defendant wrongfully returned a check negotiated by plaintiff with notation written thereon, "signature forged."
Upon denial of liability and issues joined, the jury returned the following verdict:
"1. Did the Page Trust Company cause the words "signature forged" to be endorsed on the check issued to plaintiff by M. D. Wicker, and thereafter returned the same to Wilkins-Ricks Company, as alleged in the complaint? Answer: Yes.
"2. Did the notation on said check and the return thereof to Wilkins-Ricks Company amount to a charge against the plaintiff that he had forged the same, or uttered the same, knowing it to be forged, as alleged in the complaint? Answer: Yes.
"3. If so, was said charge false? Answer: Yes.
"4. If so, did the Page Trust Company act in good faith in placing said notation on said check? Answer: Yes.
"5. What damages, if any, is the plaintiff entitled to recover of the defendant? Answer: $150."
From a judgment for the defendant, "non obstante veredicto," the plaintiff appeals, assigning errors. Judgment was correctly entered for the defendant. The occasion being a qualifiedly privileged one, and the jury having found that the defendant acted in good faith, the answer to the fifth issue was properly disregarded. Newberry v. Willis, ante , 302.
No error. *Page 305
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