Sayer v Begg

• Jurisdiction: Ireland
• Judgment Date: 12 June 1864
• Date: 12 June 1864
• Court: Court of Common Pleas (Ireland)

Common Pleas

SAYER

and

BEGG.

Evans v. Harlow 5 Q. B. 624.

Ede v. ScottIR 7 Ir. Com. Law Rep. 60.

Huntley v. WardENR 6 C. B., N. S., 504.

Turner v. EvansENR 12 Ad. & El. 733.

Lewis v. ClementsENR 3 B. & Ald. 702.

Toogood v. SpyringENR 1 C. M. & R. 193.

Hopwood v. ThornENR 8 C. B. 293.

Carr v. DuckettENR 5 H. & N. 783.

Halloran v. ThompsonIR 14 Ir. Com. Law Rep. 334.

Murphy v. KellettIR 13 Ir. Com. Law Rep. 488.

Carr v. HoodENR 1 Camp. 355.

Paris v. LevyENR 2 F. & F. 71.

Seymour v. ButterworthENR 3 F. & F. 372.

Morrison v. BelcherENR 3 F. & F. 614.

Beatson v. SkeneENR 5 H. & N. 898.

Harrison v. Bush 5 E. & Bl. 344.

Cooke v. WildesENR 5 El. & Bl. 328.

Whiteley v. AdamsENR 15 C. B., N. S., 392.

Fryer v. KinnersleyENR 15 C. B., N. S., 422.

Campbell v. SpottiswoodENR 3 B. & S. 769.

Jackson v. HoppertonUNK 4 N.R.242.

Robertson v. M'DougallENR 4 Bing. 670.

Ruckley v. KiernanIR 7 Ir. Com. Law Rep. 75.

Cooke v. Wildes 5 Ell. & Bl. 344.

458 COMMON LAW REPORTS. T. T. 1864. Common Pleas SAYER v. BEGG. June 8, 12. (Common Pleas). A, an impor- Tins was an action of libel. The summons and plaint contained ter of French brandy, corn- three counts ; the first count stated that the plaintiff and Jean plained of the following libel, Lewis Theodore Imbaud were merchants, trading under the name, contained in a letter written style, and firm of " George Sayer and Co.," and, as such mer by B to the attorney of A, chants, imported from France to the United Kingdom and sold " Now, as to Mr. S., I therein large quantities of French brandies ; and that before said warn him that am willing time, the plaintiff and said J. L. T. Imbaud, trading as aforesaid, I to leave the had been awarded by the Commissioners of the London Inter matter to arbi tration; as to national Exhibition of 1862 a prize medal for the considerable his conduct, I did not say merits of their brandies, and such medal bore upon it the words half enough ; it more resem- 4g Honoris Cauca;" and that before said time the defendant had bles that of a freebooter caused to be printed and published in certain newspapers divers than of an honorable advertisements, containing amongst other words, the words follow British mer chant." In ing :-" We would recommend our friends to be cautious in ordering one count, which contain- " spirits called prize medal brandy, as we have lately tasted some ed a prelimi- "from flasks bearing a prize medal for superior brandies, with nary induce- went, the in- "'Honoris Cauca,' &c., on the labels, which are as bad stuff, under nuendo was that the con- "the name of French spirits, as we ever tried ;" and that before duct of the plaintiff to wards defendant, in relation to defendant's advertisement, and in the negotiaÂÂtions, stated in the inducement, was "dishonest and dishonorable, and unworthy of an honorable British merchant." In another count, the innuendo was that plaintiff had been guilty of discreditable and dishonorable conduct in his said trade. The defendant pleaded that he had published a notice complaining of the quality of some brandy, which bad got a prize medal ; that plaintiff emÂÂployed an attorney to write to him complaining of the publication, to which he replied that it was not plaintiff's brandy to which he referred ; that thereon, the plaintiff, through his attorney, insisted, as the terms for forbearing legal proceedings against defendant, that be should procure the publication of an advertisement in commendation of plaintiff's brandies, as furnished by plaintiff, fifty times, at his own expense, and should pay plaintiff 20, otherwise that legal proceedings should be forthwith commenced. That believing said demand of 20 to be extortionate and unjust, and the other terms to be unfair, and that he had an interest in inducing the plaintiff and his attorney to abandon their said demands, he, bona fide, and with a view to his interests, and believing the same to be warranted by the circumstances, wrote the said letter to the plaintiff's attorney, in reply to his letter threatening proceedings.-Held on demurrer, to be a good plea of privileged communication. COMMON LAW REPORTS. 459 the said time of the committing of the grievances in this count T. T. 1864. Common Pleas so mentioned, the plaintiff alleged that such publication was a SAYER false, malicious, and defamatory statement of the character and v. nature of the brandies of the said firm ; and said defendant, before BEGG. and at the said time alleged that the brandy referred to by him in said advertisement, as prize medal brandy, was not any of the brandies of the said firm, but on the contrary other and different brandy ; and said advertisement and allegation led to and were the subject of negotiation between plaintiff and his attorney, and defendant ; and before the said time, plaintiff had consented not to take any proceedings against the defendant, in respect of such publication, in case the...