Eastwood v Holmes

JurisdictionEngland & Wales
Judgment Date01 January 1860
Date01 January 1860
CourtHigh Court

English Reports Citation: 175 E.R. 758

QUEEN'S BENCH, COMMON PLEAS AND EXCHEQUER

Eastwood
and
Holmes

Coram Willes, J eastwood r. holmes (An article in a newspaper describing leaden figures " reported to have been found in the Thames," and sold as antiquities, as being of recent fabrication, and stigmatizing their sale as an attempt at deception and extortion, held not actionable ; the alleged libel being aimed not at any particular individual but of a class, and being privileged, in the absence of evidence of malice, as pertaining to lair description or criticism on a matter of public interest ) Libel The declaration stated that the plaintiff earned on business as a dealer in antiquities, and that he had purchased, for the purpose of selling in the way of his said business, a great number of figures, commonly called pilgrims' signs, which had been discovered in excavating, &c The declaration then set out the alleged libel, occurring in the course of a report of the proceedings of the British Archaeological Association at one of its ordinary meetings, which was in these words :-" The remainder of the even-[348]-ing was occupied in the discussion of ' an account drawn up by Mr C on the recent forgeries in lead ' These are figures reported to have been obtained from the Thames, and called ' pilgrims' signs ' They are being offered not only in London, but throughout the country, and antiquaries should be on their guard in the purchase of them. Mr C. had inspected 800 of them, but the aggregate is stated to be not less than 2000 The whole aie proved to be of recent fabrication They appear to have been made in chalk moulds They have been steeped m a strong acid and smeared over with Thames mud. It is to be lamented that there are no legal means of punishing a gross attempt at deception and extortion." Innuendo, that the plaintiff had been guilty of fraud, &c (d). Pleas : (1) not guilty ; (2) denying that the plaintiff did carry on such business ; (3) denying that he had discovered such articles, commonly called " pilgrims' signs " ; (4) that the libel was in substance true Issue thereon. E. James for the plaintiff M Chambers for the defendant. The plaintiff stated that he had got the articles in June, 1857, from one E. ; that they were such as had been recently called " pilgrims' signs," and that at the time the libel appeared he was the only person who had 800 of them, but he had shown them to C. (a) See the case reported on a former trial, 27 L J...

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8 cases
  • Malhab v. Diffusion Métromédia CMR inc. et al., [2011] N.R. TBEd. FE.029
    • Canada
    • Canada (Federal) Supreme Court of Canada
    • 15 December 2009
    ...Farrell v. Triangle Publications Inc. (1960), 159 A.2d 734 (Pa. S.C.), consd. [para. 73]. Eastwood v. Holmes (1958), 1 F. & F. 347; 175 E.R. 758, consd. [para. Association des policiers de Sherbrooke v. Delorme, [1997] R.J.Q. 2826 (Sup. Ct.), refd to. [para. 78]. Sarrazin v. Duquette (1......
  • Malhab v. Diffusion Métromédia CMR inc. et al., (2011) 412 N.R. 1 (SCC)
    • Canada
    • Canada (Federal) Supreme Court of Canada
    • 15 December 2009
    ...Farrell v. Triangle Publications Inc. (1960), 159 A.2d 734 (Pa. S.C.), consd. [para. 73]. Eastwood v. Holmes (1958), 1 F. & F. 347; 175 E.R. 758, consd. [para. Association des policiers de Sherbrooke v. Delorme, [1997] R.J.Q. 2826 (Sup. Ct.), refd to. [para. 78]. Sarrazin v. Duquette (1......
  • Bellino v Australian Broadcasting Corporation
    • Australia
    • High Court
    • Invalid date
  • Duffy v News Group Newspapers Ltd (No. 2)
    • Ireland
    • Supreme Court
    • 1 January 1994
    ...LTD 26.11.93 1993/13/4009 O'BRIEN V EASON (1913) 47 ILTR 266 KNUPFFER V LONDON EXPRESS NEWSPAPER LTD 1944 AC 116 EASTWOOD V HOLMES 1 F & F 347 RSC O.25 1 O'Flaherty J.delivered the 25th day of November, 1993. [NEM 2In these defamation proceedings the defendants obtained an order under Orde......
  • Request a trial to view additional results

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