M'Nally v Oldham

• Jurisdiction: Ireland
• Judgment Date: 21 January 1863
• Date: 21 January 1863
• Court: Queen's Bench Division (Ireland)

Queen's Bench

M'NALLY

and

OLDHAM.

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

White v. TyrrellIR 5 Ir. Com. Law Rep. 498.

O'Connor v. WallenIR 6 Ir. Com. Law Rep. 378.

Hemmings v. Gason Ell., Bl. & Ell. 378.

Saunders v. MillsENR 6 Bing. 213.

Hoare v. SilverlockENR 9 C. B. 20.

Davison v. Duncan 7 Ell & Bl. 229.

Popham v. PickburnENR 7 H. & N. 891.

Lewis v. Levy Ell., Bl. & Ell. 537.

Andrews v. ChapmanENR 3 C. & K. 289.

Parmiter v. CouplandENR 6 M. & W. 108.

Kelly v. PartingtonENR 5 B. & Ad. 645.

Edwards v. BellENR 1 Bing. 403.

Clarke v. Taylor 3 Scott, 95.

Morrison v. HarmerENR 3 Bing., N. C. 759.

In re Bagot 8 Ir. Law Rep. 295.

Lewis v. Levy Ell., Bl. & Ell. 537.

Curry v. WalterUNK 1 B. & P. 525.

Cooke v. Wildes 5 Ell. & Bl. 328.

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

Fleming v. Newton 1 H. of L. Cas. 363; S. C., 6 Bell's Scotch App. 175.

Waterfield v. ChichesterENR 2 Mod. 118.

Styles v. NokesENR 7 East, 493.

Rex v. Creveagh 1 M. & Sel. 273.

Parmiter v. CouplandENR 6 M. & W. 108.

Fleming v. Newton 1 H. of L. Cas. 363.

298 COMMON LAW REPORTS. H. T. 1863. Queen's Bench M'NALLY v. OLDHAM. Jan. 13, 15, (Queen's Bench.) 21. The rule, that DEMURRER.-The first paragraph of the plaint stated, that here the publication of a fair and tofore, to wit, at the time of the committing of the grievances correct report of proceedings hereinafter complained of, and long before, the plaintiff was in taking place in a Court ofJus. business as a jeweller in the city of Dublin, and was in large tine is privi- leged, extends trade and good credit in said city. That in the course of his said to the record of a judgment trade the plaintiff became indebted to one Edmund Johnstone, in entered up on the sum of 157. 4s. Od. ; and that the said Edmund Johnstone a warrant of attorney. But recovered a judgment therefor in the Court of Exchequer, on the the publication must be cor- 17th day of May 1860, and thereon the plaintiff paid the amount rect, and with out inference of said judgment and costs, amounting to the sum of 164. 8s. Ild., or comment. A publica. on the 19th day of May 1860. And the plaintiff saith that the de- tion called " The Black fondant during , all the time aforesaid and at the time of the List," profess- committing of the grievances hereinafter complained of, was the ing to contain extracts from proprietor and publisher of a periodical commonly called " The the Register of Judgments, Black List." Yet the defendant falsely and maliciously printed set out the par ticulars of the and published of and concerning the plaintiff, in the defendant's judgments in separate co- said publication, commonly called "The Black List ;" and on the lumns. The columns con taining the names of the persons against whom, and by whom, the judgments had been entered up were headed respectively " debtors' names " and " creditor." A plaint contained a count for libel, stating that A had recovered a judgÂÂment against the plaintiff, and that on the 19th of May 1860 the plaintiff had paid off the judgment ; the count then set out the libel, which consisted of an extract of that judgment, published in " The Black List " of the 24th of May 1860, and added the following innuendo,-" Meaning thereby that the said judgment had been recovered against the plaintiff, and was then an existing liability against his estate and effects; and that the said A was then a creditor of the plaintiff." Defence,-That, before the publication complained of, the said A duly obtained a judgment against the plaintiff (stating the particulars of the judgment), and said judgment was duly enrolled and of record in said Court, and duly registered, and was not annulled or vacated or satisfied on record at the time of the publication ; and that said publication was a matter so appearing of record, and registered as aforesaid. This defence held bad on demurrer. COMMON LAW REPORTS. 299 24th day of May 1860, long after said judgment had been satisfied as aforesaid, the words following, that is to say, " 24th May " 1860 ; debtors' names-M'Nally, George ; address-College-green, " Dublin ; trade-jeweller (meaning the plaintiff); date-17th "May 1860; Court-Exchequer; amount-157. 4s. Od. ; costs-"7. 4s. 11d.; creditor-Edmund Johnstone ;"* (meaning thereby, that the said judgment had been recovered against the plaintiff, and was then an existing liability against his estate and effects ; and that the said Edmund Johnstone was then a creditor of the plaintiff). And the plaintiff saith, that by reason of such publicaÂÂtion, the plaintiff's trade and credit were ruined, and the plaintiff thereby became bankrupt, to the plaintiff's damage, &c. Second paragraph :-And the plaintiff also complains that, being such trader as aforesaid, he the said plaintiff was in good credit in his said trade ; and at the time of the committing of the grievances next mentioned, divers persons, and in particular-(here the plaint set out the names of several mercantile firms in England and Ireland)-were in the habit of delivering goods to him in his trade on credit ; and that the plaintiff, on the 24th day of May 1860, was considered by said persons as a person who might safely be trusted with goods on credit, and was in fact at said time BO trusted by them ; and the plaintiff was not, on said 24th day of May 1860, and at the time of the committing by the defendant of the grievances hereinafter mentioned, indebted to Edmund * The following is a copy of the publication complained of :- N.B.-Subscribers are reminded that, when ordering the List, they undertook and agreed that it should be strictly confidential and not communicated to other parties. No. 20. 24th May. 1860. Judgments. Debtors' Names. Address. Trade. Date. Court. Amount. Costs. Creditor. M•Nally, George College Green, Dublin Jeweller 17th May 1860 Ex. 157 4 0 7 4 11 - Edmund Johnstone. 300 COMMON LAW REPORTS. Johnstone in the sum of 157. 4s. Od.; or at all. Yet the deÂÂfendant, on the 24th day of May 1860, falsely and maliciously printed and published of and concerning the plaintiff the words following, that is to say-(here the count set out the words as in the first paragraph)-meaning thereby, that the said Edmund Johnstone wall on said 24th day of May 1860, a creditor of the plaintiff, and that the said plaintiff was on said day a judgment debtor of the said Edmund Johnstone in the sum of .157. 4s. Od. and 7. 4s. I Id. costs; by reason whereof the plaintiff bath been and is greatly injured in his good name, credit, and reputation ; and divers persons who had trusted the plaintiff in his trade with goods on credit, and in particular the said persons so named as above, ceased so to do, and withdrew their credit from the plaintiff, to his damage, &c. The third paragraph, after commencing as the second, with a statement that the plaintiff was a trader, and in good credit, and that certain persons named therein were in the habit of trusting him in his trade with goods on credit, and that he was not, at the date of the publication complained of, indebted to one Edmund Johnstone in the sum of 157. 4s. Od., or at all, of which the defendant had notice, proceeded :-Yet the defendant, on the 24th of May 1860, and divers other days and times, from thence up to the commenceÂÂment of this suit, falsely published and represented, in writing, to the said persons so named as above, and to divers other persons, that the said Edmund Johnstone was a creditor by judgment of the plaintiff ; and that the said plaintiff was in fact indebted to the said Edmund Johnstone in the sum of 157. 4s. Od., with 7. 4s. 1 ld. costs, on the said 24th day of May 1860, although the defendant had notice as aforesaid that the said debt was paid; by reason whereof the plaintiff was injured in his good name, credit, and reputation ; and divers persons, and in particular the said persons so named as above, withdrew their credit from the plaintiff, and ceased to consider the plaintiff a person who might safely be trusted with goods on credit, and refused any longer to deal on credit with the plaintiff ; and the plaintiff thereby became ruined and bankrupt, to his damage, &c. The fourth paragraph complained of a false representation in COMMON LAW REPORTS. 301 writing, setting out the words as in the first, and putting the fol- H. T. 1863. ueen' s Bench lowing innuendo on them :-" Meaning thereby that the said Q Edmund Johnstone was a creditor of the plaintiff." M'NALLY v. The fifth paragraph was for libel, varying the innuendo. OLDHAM. Fifth defence :-And, for a further defence to all the paragraphs of the plaint, the defendant says that the matter and publication and representation in writing by each of said paragraphs comÂÂplained of is, and are, the same identical matter and thing, that is to say, the publication in said first paragraph in express terms sets forth and says that, before the said printing and publishing by the defendant, the said Edmund Johnstone, in said paragraph menÂÂtioned, duly obtained a judgment in the Court of Exchequer in Ireland against the said now plaintiff, for the sum of 157. 4s. Od. for debt, besides 4. 7s. I Id. for costs of suit ; and said judgment was duly enrolled and of record in said Court, and duly registered, and not annulled or vacated or satisfied on record, at the time of said publication and representation in writing ; and said publiÂÂcation and representation in writing was a matter so appearing of record, and registered as aforesaid, and not further or otherÂÂwise, and was made bona fide and without malice. Demurrer thereto.* * The following points were noted for argument;-First; that the said fifth defence, so far as same is pleaded to the first paragraph of the plaint, does not disclose any defence good in substance ; because said defence admits the sense imputed in and by the said first paragraph to the publication therein mentioned, but does not justify the publication in the said first paragraph imputed...