Irish People's Assurance Society and Another v City of Dublin Assurance Company, Ltd and Others

JurisdictionIreland
Judgment Date24 May 1929
Date24 May 1929
Docket Number(1926. No. 2559.)
CourtSupreme Court (Irish Free State)
[S. C., I.F.S.]
Irish People's Assurance Society and Another
and
City of Dublin Assurance Co., Ltd. and Others

Action by society registered under Friendly Societies Act, 1896 - Right to sue - Statements affecting business reputation of the society - Publication of extracts from plaintiff's documents - Truth of extracts pleaded by defendants - Liability of extracts as published to convey false impression of plaintiffs' financial position -Innuendo - Question for jury - Erroneous ruling by trial Judge - New trial - Special damage -Publication - Friendly Societies Act, 1896 (59 60 Vict. c. 25), ss. 27, 39, 94 - Collecting Societies and Industrial Assurance Companies Act, 1896 (59 60 Vict. c. 26), s. 6.

The Irish People's Assurance Society was an assurance society registered under the Friendly Societies Act, 1896, and they and their manager, who had been appointed officer to sue, or to be sued on behalf of the society, brought an action against the defendants, another assurance company, and four of the defendants' employees for damages for libel. The alleged libel consisted in printing and publishing the following document:—"Irish People's Assurance Society. Extracts from Balance Sheet, 31st December, 1924. Due to the Bank at end of year, £2,618 2s. 11d.; Bank interest, £150 14s. 9d." The plaintiffs pleaded by way of innuendo that by these words the defendants intended to represent that the plaintiff society was insolvent, and that it was financially unsafe for policy holders to insure with them. The defence consisted of traverses, a denial of the innuendo, and a plea that the occasion of the publication was privileged. Subsequently the defendants served notice of intention that they would apply at the trial for liberty to amend their defence by adding a plea that the words complained of were true and correct extracts from the balance sheet prepared and filed by the plaintiff society with the Registrar of Friendly Societies, and were true in substance and in fact. No such amendment appeared on the record of the trial, but the trial Judge ruled that, on the plaintiffs' evidence, the document was true in substance and in fact, and directed that judgment be entered for the defendants. Against this direction the plaintiffs appealed to the Supreme Court. Held, by the Supreme Court that, as to the nature of the claim, the plaintiffs were entitled to maintain an action to recover damages for defamation of the society as such. Williams v. BeaumontUNK, 3 Moo...

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