Goldstein against Foss and Another
| Jurisdiction | England & Wales |
| Judgment Date | 26 January 1827 |
| Date | 26 January 1827 |
| Court | Court of the King's Bench |
English Reports Citation: 108 E.R. 409
IN THE COURT OF KING'S BENCH.
S. C. 9 D. & R. 197; at Nisi Prius, 2 Car. & P. 252; in Exchequer Chamber, 4 Bing. 489; 1 Moo. & P. 402; 2 Y. & J. 146. Applied, and Dictum corrected, Captial and Counties Bank v. Henty, 1882, 7 App. Cas. 743, 782.
[154] goldstein against Foss and another. Friday, January 26th, 1827. A declaration for libel after certain introductory matter, which was immaterial because not properly connected with the libel, set out the following publication of and concerning the plaintiff: "Society of Guardians for the Protection of Trade against Swindlers and Sharpers, &c. I (meaning defendant) am directed to inform you that A. B. (meaning plaintiff) and C. D. are reported to this society as improper to be proposed to be balloted for as members thereof" (meaning that the plaintiff was a swindler and sharper, and an improper person to be a member of the said society). Plea, the general issue. After verdict for the plaintiff: Held, in arrest of judgment, that the innuendo was not warranted 410 GOLDSTEIN V. FOSS 6B.&C. 155. by the libel, and that the words of the libel, unexplained by introductory matter, were not actionable. [S. C. 9 D. & R. 197 ; at Nisi Prius, 2 Car. & P. 252 ; in Exchequer Chamber, 4 Bing. 489; 1 Moo. & P. 402; 2 Y. & J. 146. Applied, and dictum corrected, Capital and Counties Bank v. Eenty, 1882, 7 App. Cas. 743, 782.] Libel. The declaration began by reciting that the plaintiff was of good name, &c., and had for many years carried on business as a merchant in partnership with one Castle, and had never, until the publication of the libel thereinafter mentioned, been suspected of swindling or cheating, and then proceeded : " And whereas also, before, &c., divers persons had been associated together under the name and description of the Society of Guardians for the Protection of Trade against Swindlers and Sharpers; and the defendant Foss, under colour and pretence of being the secretary of the said society, had from time to time published, and was accustomed to publish, certain printed reports, for the purpose of denoting and signifying to the members of the said society the names of such persons as were deemed and considered swindlers and sharpers, and improper persons to be proposed and balloted for as members of the said society, to wit, at, &c. Yet the said defendants, well knowing the premises, but contriving, &c., on, &c., did compose, print, and publish, and cause and procure to be composed, printed, and published, of and concerning the said plaintiff...
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