Fores v Johnes, Esq

JurisdictionEngland & Wales
CourtHigh Court
Judgment Date01 January 1801
Date01 January 1801

English Reports Citation: 170 E.R. 654

IN THE COURTS OF KING'S BENCH AND COMMON PLEAS.

Fores
and
Johnes
Esq

[97] fores v johnes, esq (Assumpsit will not lie to recover the value of prints of an obscene, immoral, or libellous tendency.) This was an action of assumpsit, for goods sold and delivered. Plea of wo/i assumpsit. The plaintiff was a printseller in Piccadilly , and the action was brought to recover the value of a quantity of caricature prints, sold by him to the defendant. The order, as proved...

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4 cases
  • Stockdale v Onwhyn
    • United Kingdom
    • High Court
    • 11 January 1826
    ...John*,, 4 Esp 97, and Hyme v Dale, 2 Camp. 29 (n), only go to the points stated by Mr. Brougham in hih argument 78 WATSON V. WAGEForest v, Johns, Esq. 4 Esp. 97, where the plaintiff had given a general order for " all the caricature prints that had ever been published," and obscene ones wer......
  • Grimaldi v White
    • United Kingdom
    • High Court
    • 1 January 1801
    ...the plaintiff Erskme and Burrough for the defendant. English Reports Citation: 170 E.R. 654 IN THE COURTS OF KING'S BENCH AND COMMON PLEAS170 E.R. 654 IN THE COURTS OF KING'S BENCH AND COMMON [95] grimaldi y white (If a party purchases an article at a certain price, pursuant to a specimen e......
  • Stockdale against Onwhyn
    • United Kingdom
    • Court of the King's Bench
    • 27 January 1826
    ...the general character of the plaintiff's writings. That dictum, therefore, is not entitled to much weight. There is another case, Fores v. Johnes (4 Esp. 97), which may, perhaps, be considered as making against the present plaintiff, but in the first place there was no judicial, decision in......
  • Barber v Fox
    • United Kingdom
    • Court of the King's Bench
    • 1 January 1845
    ...note: nor be of an immoral nature. Crisp v. Churchill, Selwyn's N. P. p. 68, tit. Assumpsit. Ibid, Howard v. Hodges. 1 Esp. 13, Girarday v. Richardson. 4 Esp. 97, Fores v. Johnes. [Ry. & M. 251, Jennings v. Throcbmorlon. Ibid. 337, Poplett v. StocMale. If part of a consideration be mere......
1 books & journal articles
  • Illegality
    • Canada
    • Irwin Books The Law of Contracts. Third Edition Vitiating Factors
    • 4 August 2020
    ...1 All ER 92 (KB) [ Bigos ]. 8 United Dominion Promotion Sales Inc v Shaw (1957), 119 CCC 380 (NB Co Ct). 9 Fores v Johnes (1802), 4 Esp 97, 170 ER 654 (Nisi Prius); Poplett v Stockdale (1825), Ry & Mood 337, 171 ER 1041 (Nisi Prius). 10 Apthorp v Neville & Co (1907), 23 TLR 575 (KB). 11 Ber......