Dunne v O'Grady

• Jurisdiction: Ireland
• Judgment Date: 31 January 1856
• Date: 31 January 1856
• Court: Court of Common Pleas (Ireland)

Common Pleas.

DUNNE

and

O'GRADY.

Regina v. James 2 Russ. Crim. Law, 13.

Edsall v. RussellUNK 2 Dowl., N. S. 641.

Morrow v. M'GaverIR 1 Ir. Com. Law Rep. 579.

Mountney v. WattonENR 2 B. & Ad. 673.

M'Gregor v. GregoryENR 11 M. & W. 287.

Clarkson v. LawsonENR 6 Bing. 587.

Willmett v. HarmerENR 8 C. & P. 695.

Prager v. Shaw 7 Ir. Jur. 115.

Child v. AffleckENR 9 B. & C. 403.

Tuson v. Evans 12 A. & E. 733.

Toogood v. SpringENR 1 Cr. M. & R. 181.

Dunman v. BiggENR 1 Camp. 269, note.

Somerville v. HawkinsENR 10 C. B. 583.

Kine v. SewellENR 3 M. & W. 297.

Delany v. JonesENR 4 Esp. 191.

Smith v. ThomasENR 2 Bing., N. C., 372.

Prager v. Shaw 7 Ir. Jur. 115.

Tuson v. Evans 12 A. & E. 733.

Lake v. King 1 Wm. Saund. 130, n. 1.

Lord Cromwell's caseUNK 4 Rep. 12 b.

Esdall v. Russell 4 M. & Gr. 1090.

Black v. Holmes 1 F. & S. 28.

Townsensd v. HughesENR 2 Mod. 150.

v. SanfordIR 4 Ir. Com. Law Rep. 426

45Q COMMON LAW REPORTS. M. T. 18,55. CommonPleas. In an action a tradesman carrying on business, &c., and that the defendant, for oral slander having been indebted to the plaintiff in the sum of 3. 18s. 6d., the defendant pleaded that handed four bank notes, each of the value of 1, to the defendant, * as to certain words in the who returned him the difference, amounting to ls. 6d. ; yet the summons and plaint set forth, defendant, well knowing the premises, &c., in the presence and they were spo ken under par- hearing of divers persons, falsely and maliciously spoke and pub ticular circum stances, set out lished of and concerning the plaintiff, and of and concerning the in the plea (which amoun- circumstances of the said payment, the false and defamatory words ted to privi- „ tonowing (that is to say) :-" I (meaning the defendant) have given lege), without malice, and for the purpose of " you (meaning the plaintiff) two 10 notes in the money I paid recovering his "you this day (meaning the said payment of 3. 18s. 6d.); give property, and not in a defa- them back to me (meaning that the defendant had by mistake matory sense, or in the sense "given to the plaintiff two bank notes of the value of 10 each in ascribed, but bona fide and " the said payment, and that the plaintiff had wilfully and fraudu upon a lawful and reasonable " lently appropriated the same to his own use). I (meaning the occasion. Held, on de- "defendant) will take my oath that you (meaning the plaintiff) have murrer, th this plea was got my money (meaning that the plaintiff had fraudulently possessed bad, as amounting to "himself of the money of the defendant). You (meaning the plaintiff) a traverscan f " have it (meaning the defendant's money) entered in your bank book. the sense d a justification " I saw it entered there, and it is my money (meaning that the of the words. " plaintiff had fraudulently taken and appropriated to his own use " the money of the defendant, and had lodged the same in the bank "to the plaintiff's credit). I (meaning the defendant) will take my " oath that he (meaning the plaintiff) has my money (meaning that " the plaintiff had fraudulently appropriated to his own use the " money of the defendant)." By means of which speaking and publishing, &c. COMMON LAW REPORTS. 451 First plea :--as to the words in the summons and plaint, set M. T. 18554' CommonPleas. forth, viz., "I have given you two 10 notes in the money I paid you this day ; give them back to me ;" the defendant says...