Huckle v Money
| Jurisdiction | England & Wales |
| Judgment Date | 01 January 1799 |
| Date | 01 January 1799 |
| Court | Court of the King's Bench |
English Reports Citation: 95 E.R. 768
IN THE KING'S COURTS AT WESTMINSTER, IN THE COURT OF COMMON PLEAS
768 MICHAELMAS TERM, 4 GEO. III. 1763 2 WILS. K. B. 20. huckle versus money. C. B. A new trial for excessive damages in assault and imprisonment refused. Trespass, assault and imprisonment; issue joined upon the general issue not guilty, tried before the Lord Chief Justice, when it was proved for the plaintiff that he is a journey-man printer, and was taken into custody by the defendant (a King's messenger) upon suspicion of having printed the North Briton, Number 45 ; that the plaintiff kept him in custody about six hours, but used him very civilly by treating him with beef-steaks and beer, so that he suffered very little or no damages; the defendant attempted to justify under the general warrant of a Secretary of State, to apprehend the printers and publishers of the said North Briton, Number 45, (which is before set forth at length in the case of The King and Wilkes, Easter term, 3 Geo. 3,) by virtue of the Stat. of Jac. 1, and the Stat. 24 Geo. 2, cap. 44, but was over-ruled by the Lord Chief Justice; whereupon the King's Counsel, who were advocates for the defendant, tendered a bill of exceptions, which has not yet been argued ; the jury gave 3001. damages. It was now moved by Serjeant Whitaker that the verdict might be set aside, and a new trial had; for that it appeared upon the evidence the plaintiff was only a journeyman to Leech the printer at the weekly wages of a guinea, that he was confined but a few hours, and very civilly and well treated by the defendant, so that 3001. were most outrageous damages in this case, and a new trial he hoped would be granted; and cited Chambers v, Robinson, 1 Stra. 691, which was an action for a malicious prosecution upon au indictment wherein the jury gave 10001. damages, and the Court granted a new trial for the excessiveness of the damages. Several other similar cases were cited to ioduee the Court to grant a new trial. [206] Serjeant Burland, for the plaintiff, insisted that in cases of tort, which found merely in damages, and are not like debt or assumpsit, the Court will never interpose in setting aside verdicts for excessive damages; that in the case of Leeman against Allen and Others, Reforming Constables, C. B. in an action of trespass and imprisonment, the jury gave 3001. damages; and this Court refused to grant a new trial, though the plaintiff had not been imprisoned...
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Muir v. Alberta, (1996) 179 A.R. 321 (QB)
...(Q.B.), refd to. [para. 6]. Rookes v. Barnard, [1964] 1 All E.R. 367 (H.L.), refd to. [para. 6]. Huckle v. Money (1763), 2 Wils. K.B. 206; 95 E.R. 768, refd to. [para. 6]. Beatty v. Kozak, [1958] S.C.R. 177, refd to. [para. 6]. Chartier v. Quebec (Attorney General), [1979] 2 S.C.R. 474; 27 ......
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Whiten v. Pilot Insurance Co. et al., 2002 SCC 18
...refd to. [para. 39]. Wilkes v. Wood (1763), Lofft. 1; 98 E.R. 489 (K.B.), refd to. [para. 40]. Huckle v. Money (1763), 2 Wils. K.B. 206; 95 E.R. 768 (K.B.), refd to. [para. Collette v. Lasnier (1886), 13 S.C.R. 563, refd to. [para. 44]. Rookes v. Barnard, [1964] A.C. 1129 (H.L.), refd to. [......
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Whiten v. Pilot Insurance Co. et al., (2002) 156 O.A.C. 201 (SCC)
...refd to. [para. 39]. Wilkes v. Wood (1763), Lofft. 1; 98 E.R. 489 (K.B.), refd to. [para. 40]. Huckle v. Money (1763), 2 Wils. K.B. 206; 95 E.R. 768 (K.B.), refd to. [para. Collette v. Lasnier (1886), 13 S.C.R. 563, refd to. [para. 44]. Rookes v. Barnard, [1964] A.C. 1129 (H.L.), refd to. [......
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Couch v The Attorney-General
...from Watkins v Secretary of State for the Home Department [2006] UKHL 17, [2006] 2 AC 395. 180 See Huckle v Money (1763) 2 Wils KB 206, 95 ER 768 and Wilkes v Wood (1763) Lofft 1, 98 ER 181 Thomas Colby “Beyond the Multiple Punishment Problem: Punitive Damages as Punishment for Individual......
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THE TRADITIONAL BURDENS FOR FINAL INJUNCTIONS IN PATENT CASES C.1789 AND SOME MODERN IMPLICATIONS.
...f. 8r (K.B. Mich. 1798) (pat.) (50 [pounds sterling] damages, 33 [pounds sterling] costs). (60.) See generally Huckle v. Money, 2 Wils. K.B. 205, 207 (C.P. 1763); Wilkes v. Wood, Lofft 1, 18-19 (C.P. 1763); Benson v. Frederick, 3 Burr. 1845, 1846 (K.B. 1766); The Citizen's Law Companion 110......
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SC Lawyer, January 2007, #3. Don't Gamble on Due Process Review of Punitive Damages.
...related to an illegal general warrant and the imprisonment of a printer who had criticized government policy. See Huckle v. Money, 95 Eng. Rep. 768 (K.B. 1763). Twenty-one years later, a South Carolina court approved "exemplary damages" when the defendant slipped a large quantity of Spanish......