Dale v. City Plumbing Heating c. Co.

23 Citing cases

  1. Taylor v. Greiner

    156 Ga. App. 663 (Ga. Ct. App. 1980)   Cited 9 times

    The plaintiffs contend further that their complaint establishes a cause of action for malicious interference with property. Southern R. Co. v. Chambers, 126 Ga. 404 (1) ( 55 S.E. 37); Dale v. City Plumbing c. Co., 112 Ga. App. 723 ( 146 S.E.2d 349); and see especially Muse v. Connell, supra. We said in Dale v. City Plumbing c. Co., supra, at p. 727, that "`the right to conduct one's business without the wrongful interference of others is a valuable property right which will be protected ... [a]nd the enjoyment of the good name and good will of a business is likewise a valuable property right ... One's employment, trade or calling is likewise a property right and the wrongful interference therewith is an actionable wrong.

  2. Barrett v. Metropolitan Life Ins. Co.

    331 F. App'x 794 (2d Cir. 2009)

    Cf. Ga. Code Ann. ยง 51-5-4(a)(3), (b) (stating that "special damage" is not essential to support action for defamatory statements made "in reference to [one's] trade, office, or profession" because, in those circumstances, "damage is inferred"); Meyer v. Ledford, 170 Ga.App. 245, 246, 316 S.E.2d 804 (Ct.App. 1984) (analyzing whether allegedly defamatory remarks precluded plaintiff from obtaining parttime job). Dale v. City Plumbing Heating Supply Co., 112 Ga.App. 723, 146 S.E.2d 349 (1965), is not to the contrary. There, the court had to decide whether an action for abuse of process, which blended elements of libel and tortious interference with business relations, was governed by a one-year or four-year statute of limitations.

  3. In re All American of Ashburn, Inc.

    805 F.2d 1515 (11th Cir. 1986)   Cited 33 times
    Holding that a shareholders' derivative action belongs to the debtor corporation upon the filing of bankruptcy and finding that the lower court properly enjoined minority shareholders from proceeding with the derivative suit when the trustee settled the suit

    II. CONCLUSIONS OF LAW. 11 U.S.C. ยง 541 11 U.S.C. ยง 105 See 14-2-123 See Dalevs. City Plumbing Heating Supply Co., 112 Ga. App. 723 729 146 S.E.2d 349 Short vs. McKinney, 111 Ga. App. 557 560-62 142 S.E.2d 398 see generallyCyclopedia of Laws of Private CorporationsId; see also Schnorbach vs. Fuqua, 70 F.R.D. 424 See Thomas vs. Dixon[Dickson], 250 Ga. 772 774-75 301 S.E.2d 49 See Vincel vs. White Motor Corp., 521 F.2d 1113 1118-19 III.

  4. Matter of Historic Macon Station Ltd.

    152 B.R. 358 (Bankr. M.D. Ga. 1993)   Cited 2 times

    "This state recognizes a cause of action where one maliciously and wrongfully, and with intent to injure, harms the business of another. Dale v. City Plumbing etc., Co., 112 Ga. App. 723(2), 146 S.E.2d 349 (1965). 'The act is malicious when the thing done is with the knowledge of the plaintiff's rights, and with the intent to interfere therewith.'

  5. Daniel v. Ga. R. Bank c. Co.

    255 Ga. 29 (Ga. 1985)   Cited 17 times
    Explaining that tort claims may have different elements and must be analyzed separately to determine when each claim has accrued

    Various causes of action in tort arising from the same set of facts may commence running at different times depending on the nature of the several causes of action involved, and the fact that the statute has run as to one does not necessarily mean that the statute has run as to all. See McCullough v. Atlantic Refining Co., 50 Ga. App. 237, 238 ( 177 S.E. 601) (1934); Dale v. City Plumbing c. Supply Co., Inc., 112 Ga. App. 723 ( 146 S.E.2d 349) (1965). Judgment reversed. All the Justices concur.

  6. Wise v. State Board c. of Architects

    247 Ga. 206 (Ga. 1981)   Cited 34 times
    Reaffirming Jonas after the decision of World-Wide Volkswagen, supra

    "This state recognizes a cause of action where one maliciously and wrongfully, and with intent to injure, harms the business of another. Dale v. City Plumbing c. Co., 112 Ga. App. 723 (2) ( 146 S.E.2d 349) (1965). `The act is malicious when the thing done is with the knowledge of the plaintiff's rights, and with the intent to interfere therewith.

  7. Davis v. Ben O'Callaghan

    238 Ga. 218 (Ga. 1977)   Cited 10 times
    In Davis the defendant, president of the corporation, had established an escrow fund to pay the plaintiff-creditor; however, he had appropriated the fund to pay other creditors.

    In tort actions, corporate officials have been allowed to sue and be sued directly. See Wrigley v. Nottingham, 111 Ga. App. 404 ( 141 S.E.2d 859) (1965); Dale v. City Plumbing c. Co., 112 Ga. App. 723 ( 146 S.E.2d 349) (1965). Shareholders have been allowed to maintain direct actions against corporate officers and directors when to allow the corporation to retain the proceeds of the judgment would actually benefit the parties who were guilty of the very misconduct which gave rise to the action.

  8. Nationsbank v. Southtrust Bank

    487 S.E.2d 701 (Ga. Ct. App. 1997)   Cited 22 times
    In NationsBank, N.A. v. SouthTrust Bank of Georgia, N.A., 226 Ga. App. 888, 487 S.E.2d 701 (1997), the Georgia Court of Appeals dealt with the question whether a bank was a stranger to a relationship involved in an action alleging tortious interference by the bank.

    claims. Tortious interference with business or contractual relations has four common essential elements necessary for liability, i.e., the defendant: (1) acted improperly and without privilege; (2) acted purposefully and maliciously with the intent to injure; (3) induced a third-party not to enter into or continue a business relationship with the plaintiff; and (4) caused the plaintiff some financial injury. See Choice Hotels Intl. v. Ocmulgee Fields,, 222 Ga. App. 185, 188 (2) ( 474 S.E.2d 56) (1996); accord Employing Printers Club v. Doctor Blosser Co., 122 Ga. 509 ( 50 S.E. 353) (1905); Valdez v. Power Indus. Consultants, Inc., 215 Ga. App. 444, 447 ( 451 S.E.2d 87) (1994); Renden Inc. v. Liberty Real Estate c., 213 Ga. App. 333, 334 ( 444 S.E.2d 814) (1994); Green v. Johnston Realty, 212 Ga. App. 656, 659-660 ( 442 S.E.2d 843) (1994); Artford v. Blalock, 199 Ga. App. 434, 440 (13) ( 405 S.E.2d 698) (1991); Bodge v. Salesworld, Inc., 154 Ga. App. 65, 66 ( 267 S.E.2d 505) (1980); Dale v. City Plumbing c. Co., 112 Ga. App. 723 (2) ( 146 S.E.2d 349) (1965); Restatement, Second, Torts, p. 11, ยง 766, h. A. (1) Privilege and Wrongful Interference.

  9. Lee v. Gore

    221 Ga. App. 632 (Ga. Ct. App. 1996)   Cited 17 times

    Some of the damages sought here are subject to demurrer as being appropriate only to an action for injury to the reputation; others, including the plaintiff's loss of salary income constitute property damage rather than damage resulting from injury to the person." Dale v. City Plumbing c., 112 Ga. App. 723, 728 ( 146 S.E.2d 349) (1965). The elements of a claim for tortious interference with employment include the existence of an employment relationship, interference by one who is a stranger to the relationship, and resulting damage to the employment relationship.

  10. Spivey v. Rogers

    326 S.E.2d 227 (Ga. Ct. App. 1984)   Cited 8 times

    We find no error in the instruction as a whole. 4. The enumerations of error relating to the charge on wrongful and malicious injury to another person's business ( American Oil Co. v. Towler, 56 Ga. App. 866 (1) ( 194 S.E. 223) (1937)), and the prohibition against disturbing another person's business for the sake of compelling him to do an act contrary to his best interests ( Dale v. City Plumbing c. Co., 112 Ga. App. 723, 727 ( 146 S.E.2d 349) (1965)), are without merit. 5. The court correctly charged on the issue of tortious interference with business and then charged "if you find in favor of the plaintiff Rogers and against the defendant Spivey, for an amount of money, for the alleged tortious interference of business, you would then be authorized to consider additional damages as attorney fees."