Goldstein v Foss and Another
| Jurisdiction | England & Wales |
| Judgment Date | 18 February 1826 |
| Date | 18 February 1826 |
| Court | High Court |
English Reports Citation: 172 E.R. 114
COURTS OF KING'S BENCH AND COMMON PLEAS.
Subsequent proceedings, post, Addenda, p. m. with annotations, 6 B. & C. 154; 4 Bing 489.
Feb. 18th, 1826 goldstein u Foss and another (A circular by the secretary of a society for the protection of trade against swindlers and sharpers, stating, that the plaintiff is considered an improper uerson to be proposed to be ballotted for as a member of that society, meaning thereby, that the plaintiff is a sharper and swindler, is a libel , and if the Jury are satisfied that that imputation is made, it is a libel, however cautiously the paper may be worded ) [Subsequent proceedings, pot,t, Addenda, p. in , with annotations, 6 B. & C. 154 ; 4 Bing 489 ] Libel. The first count of the declaration stated, that the plaintiff was always reputed, and, &c. to be of good [253] name and credit, and that he now, and for divers years had exercised and carried on, and still carries on the trade and business of a merchant, in co-partnership with Alexander Cohan Castle (), and behaved ment upon which such action is brought, or some memorandum or note theieof, shall be in writing, and signed by the party to be charged therewith, or some othei person thereunto by him lawfully authorised " (6) Na motion was ever made. (a) In cases of defamation, two persons cannot in general join in one action, for words spoken of both of them. In the case of Smith v. BuoLei, Cio. Car 512, it is laid down, that if one say to two, you jointly murdered J. S , each must bring a separate action; but in the case of Bods v. Batchelor, 3 Bos. & Pul. 150, it was held, that if words be spoken of parties in respect of their trade, and there be special damage to them in their trade, they may maintain a joint action, though the words were actionable on themselves. And Mr. Serjeant Williams gives it as his opinion (1 Wins. Saund. 117, a.) that two or more partners may join in an action for words, although they have sustained no special damage. 2 CAB. & P. 254. GOLDSTEIN V. FOSS 115 himself honestly, &c. in his trade and business, and was never guilty of acting in any wise dishonestly, and was acquiring great gams and profits , and that certain persons had been associated together under the name and description of " The Society for the protection of Trade against swindlers and sharpers " , and that the said defendant E. J. Foss, " under colour and pretence of being secretary of the said...
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Goldstein v Foss and Another
...Citation: 130 E.R. 856 IN THE EXCHEQUER CHAMBER. Goldstein and Foss and Another S. C. 1 Moo. & P. 402; 2 Y. & J. 146: at Nisi Prius, 2 Car. & P. 252; in King's Bench, 6 B. & C. 154. See Capital and Counties Bank v. Henty, 1882, 7 App. Cas. 743. [489] (!n the exchequer chamber.) goldstein v.......
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Goldstein against Foss and Another
...Reports Citation: 108 E.R. 409 IN THE COURT OF KING'S BENCH.Goldstein against Foss and Another 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 A......