ACTRESS' LIBEL SUIT.

New Zealand Herald, Volume XXXVIII, Issue 11692, 29 June 1901, Page 2 (Supplement)

ACTRESS' LIBEL SUIT.

LAWYERS PLEAD PRIVILEGE. The Master of the Rolls and Lord Justice Romer, in the Court of Appeal lately, had before them the case of Cory v. Ince and others. It was an appeal by .the plaintiff from an order of Justice Day, staying the action, which was for libel, as being frivolous and vexatious.

The plaintiff, it appeared, was the widow of Mr. lv. Y. Cory, who had served in the Imperial Yeomanry and who met his death in South Africa. While Mr. E. Y. Corywas in South Africa he wrote a letter to his mother, stating that he wished all his property to go to his daughter, and this letter was afterwards proved as a soldier's will. Mr. and Mrs. Richard Cory, the father and mother of the deceased soldier, desired that the administration of the will should be given to them. _The plaintiff, on the other hand, desired that administration should be given to her, as widow. Negotiations took place between the solicitors of the parties, and Messrs. Irce, Colt, and Ince, solicitors for Mr. and Mrs. Richard Cory, wrote a letter to plaintiff's solicitor (Mr. E. IT. Goddard), in which they stated in effect that plaintiff (Mrs. R. V. Cory) was leading a fast) life, that she had left the house where she. vras placed by her husband before he left for South Africa, and had, gone on the stage. Mrs. Cory then commenced the present action against' Messrs. Ince, Colt, and Ince for libel. She also made Mr. and Mrs. Richard Cory defendants, alleging that it must have been on their instructions that their solicitors wrote the alleged libellous letter.

For the defendant's solicitors it was contended that the letter written by them to the plaintiff's solicitors was privileged, and that before .the deceased went to South Africa he had left with them a bundle of letters his wife had received from different men. In the Probate Court administration of the will was granted to Mrs. R. V. Cory, the plaintiff. In the course of the argument Mr. T. Terrell, K C., on behalf of the appellant, contended that the solicitors could not shelter themselves behind the plea of privilege, and get the action dismissed at this stage. Their lordships held that the case must go to. a jury, and granted the appeal with costs to the plaintiff.