Fores v Johnes, Esq

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

English Reports Citation: 170 E.R. 654



[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 to have been given by the defendant to the plaintiff, was, 4 BiP. 98. MAESH V. ROBINSON 655 " For all the caricature prints that had ever been published.'1 Under this order, the prints in question had been sent to the defendant's house in Wales The defendant refused to receive them, on the ground, that the collection contained several prints of obscene and immoral subjects ; exclusive of several being duplicates The plaintiff's counsel contended, That the order was general and comprehensive, without any exception as to the subject; and that the plaintiff, therefore, having sent prints of every description, was entitled to be paid for them Per Lawrence...

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2 cases
  • Stockdale against Onwhyn
    • United Kingdom
    • Court of the King's Bench
    • 27 Enero 1826
    ...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 that ease, ......
  • Stockdale v Onwhyn
    • United Kingdom
    • High Court
    • 11 Enero 1826
    ...he should have held it tit matter to be received as evidence against the plaintiff's claim. In the case of Forest 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 were sent, Mr. Justice La......
1 books & journal articles
  • Illegality
    • Canada
    • Irwin Books The Law of Contracts. Third Edition Vitiating Factors
    • 4 Agosto 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......

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