Court Of Appeal. (Beforc LORD JUSTICE BANI;ES, LonD JuSTiCE ScnuTrToN, and LonD JUSTlCE ATK9s.) In tlis case the plaintiff appealed from the verdict and-judgment in an action tried before Mr. Justice Avory and a common jury. The action waIs brought by Mr. Edwin Prederick Tournier, who was a commercial traveller and salesman, claiming from the defendants, the National Provincial and Union Bank of Eng- land, Limited, damages (l) for alleged slander, (2) for breacb of the confidence existinu be- tween banker-and customer, and (3) for a sum of ?108 10s. for loss of employment and loss of commission. The plaintiff, by his statement of claim, alleged that Mtr. J. G. Fennell, the acting manager of the Moorgate-street branch of the defendant bank. spoke to the plaiitiff's em- ployers, Messrs. Kellyon aDd Co.. the following words:-" I am afraid that 31r. Tournier is engaged withl bookmakers, as we have been able to trace a chequie or chequies passing from Mr. Tournier's account to bookmakers " * and also the following words:-" Tournier's account is overdrawn, and various promises made by him to give the matter his attention have not been fulfilled. Cheques passed through Tournier's account were for betting men, and we think that Tourniier is betting heavily.'' The facts ns stated by counsel were that the plaintiff had opened an accoulnt with the bank in 1020. In March. 19O 2. there was an overdraft of ?9. which the plaintiff was unable to pay owing to financial difficulties. The bank requested payment, and the plaintiff agreed to pay il a week in reduction of the overdraft. Tbree instalments wvere paid, and the plaintiff was unable to continue to pay at that time. On July 13. 1922, the bank telephoned to !Messrs. Kenyon and Co., snd it was then that the alleged slander was uttered to 'Mr. Kenyon and Mfr. Wells. the two directors of the-firm. Counsel ssid thsat the plaintiff had never bad a bet with a bookmaker in bis Ilfe, and that the statements, even if they wvere true, were grossly improper and defamatory. They vere damaging to a man wvho was on trial for three months in a position of trust. Twvo cheques wvhich, had been made out in the plaintiffs name, and which dealt wvith the same transaction, had nothing to do with betting, though one wvent to the account of a bookmaker. The bookmaker had sold some felt through the plaintiff, and the cheque, made out in the plaintiff's name, had passed tihrough his bank. The plaintiff said that on Julv 13, after the bank had telephoned to ressrs. Kenyon and Co., he was informed that his work wouLld terminate at tho end of the three months. On the same date he and the defendants wrote letters which crossed. Hie wrote Meastrs. Kenyonl and Co. here givea mre the purport of your conversation with them to-day reganing mysel. our inference that I ala asYodated and have dealings have adopted haS rIoane hitncaleltaFble bar,,, Infuturteyo ho goral enough to addres all correPsondence to me. adnd net communIcate with my employer, as yea have The defendants wrote:- I beg to infoim yen that I have to-day been in coal- munication witl Kenyon and Co. They have given me your addre-s. You have not kept your promise. and unless You wish to do yourself a mresortal injury. You wilt take notice ef mys letter and r,ay your debt to the bank.- J. G. Fke-y. pro manager. The plaintiff explained that the sale of felt was for 460, which ivas paid for by two cheques-15 and 5?45, in the plaintiff's name. The first was cashed over the counter by the rean with whom. the plaintiff was sharing the commission on the sale. The second cheque was paid into the London Joint City and 31idland BaDk having beea haided 6ver to the vendor. The plaintiff said that he did not know that Kitts, the-vendor, was a book- maker, and he had not Dnet him before 't4e transaction. The defendants pleaded that the words spoken of, if spoken, whieh was denied, were uttered in the honest belief that they were true, and that the occasion was privileged. - Evidence was given by Mr. Kenvon that Mr. Fennell had told him of the overdraft during the telephone conversation, and that various cheques relating to betting were passing through his account.. Mr. Fennell stated in his evidence for the defendants that when he telephoned to Messrs. Kenvon and Co. he asked for the plaintiff's address because he had had a letter returned. That was willingily given. but he was asked'whv he wanted it, and he said that the plaintiff was slightly indebted to thelbank and he ought to put the matter in order as he seemed to be getting money from some other source. ole said that the wordsv which he actually used in the telephone conversation- wer:- It Is only a 6mall mattcr, but Mir. Tonraler Is slightly Indebted to time bank, aud i think he ought tn Dut it right. Mir. TIournier Is setting moneY from seine source or other. I havec seen cheques comlng tbrongh ?he bank Parable to ir.Tornir. li I ane I la bsinssto timd out Where one cheuee bdad gonuae eto. I 6slr jtonnedthat It bad gene to the credit Or a boohnaker's account. Those words, it was contended, were not to the same effect as the words complained of in the statement of claim. Thc questions left to the jury and their answers were as followss- (1) Were the words complained of in fact spoken by Mr. Fennell ?-No. (2) If so, were they defamatory of the plaintiff P-No. (3) Has the plaintiff suffered actual damage by the speaking of such words ?-No. (4) Was Mr. Fcnnell actuated by malice in speaking the wvords, i.e.. by an indirect motive other than a desire to do his duty ?-No. (o) W"as the comumunication about the plaintiff's account at the bank made to his employers on a reasonable and proper occa- sion e-Yes. (6) Damages.-None. Judgment was entered for the defendants. The plaintiff appealed. Sir lIarold Smith, K.C., and Mr. Philip Pitt appeared for the appellant; and Mr. J. G. Hurst, K.C., and Mr. P. B. Morle for the respondents. The hearing was adjourned. Solicitors.-3r. S. R. Cort Bathurst; Messrs. Wilde, Wigston, and Sapte. COIURT OF APPEAL. BANK}ER AND CUSTOTMER. TOURNIER v. NATIONAL PROVINCIAL AND UtNION BANK OF ENGLAND, LIMITED.