High Court Of Justice Law Report, July 14 Before the LORD CHIEF JUSTICE A conclusion was reached in the litigation brought by Mr. Cyril Tolley, the amateur golfer, against J. S. Fry and Sons, Limited, of Bristol, the chocolate manufacturers. Mr. Tolley brought an action claiming damages for libel from Messrs. Fry, the libel alleged being an advertisement published in certain newvspapers in June, 1928, consisting of a caricature of Mr. Tolley playing golf while a caddie looked on, and, below the caricature, was the following verse: - The caddie to Tolley sad: Oh Sir! Good -hot. Sir, that ball. see it go. Sir: '1 wr,hwit flies. L c a cartet of Frys; They're handy. they're gcod. and Priced low. Sir." Mr. Tolley complained that that adveris3- ment meant that he had permitted his portrait to be cxhibited to advertise the defendants' chocolate, and that he had done so for gain and revard and had prostituted his reputation as an amateur golfer for advertising purposes. The defendants admitted publication, but denied the innuendo, and said that the woris were incapable of constituting a libel. The action was tried before Mr. Justice Acton and a common jury who returned a ver- dict for Mr. Tolley, assessing the damages at ?1.000. The Court of Appeal, by a majority, held that, there being no evidence entitling the jury to attach a special defamatory meaning to words which were otherwise innocent, the ver- dict and judgment should be set aside and judgment entered for the defendants. All the Lords Justices were of opinion that. in any event, the defendants would be entifled to a new trial on the ground that the damages were excessive. Mr. Tolley then appealed to the House of Lords, who held that there was evidence entitling the jury to attach a defamatory meaning to the words complained of, but that, as the damages awvarded were excessive, there must be a new trial, confined to the question of the amount of the damages. It was now announced that the defendants had agreed to pay Mr. Tolley ?50 damages and osts, and judgment was entered in his favour accordingly. MIr. Lawson Campbell appeared for the plaintiff; Mr. W. onckton, K.C., for the de fend ants . Mlr. C iuPrELL said that the question of liability had been concluded by the proceed- ings which had gone to the House of Lords, and the action now came before the Court on a question of damages only. The defendants had felt that the case merited a substantial payment, and it had been agreed that judg- ment should be entered for MIr. Tolley for ?500 and costs. Mr. MOxNcKToN said that there had never been any intention en the part of the defendants to defame MIr. Tolley in any way. By the substantial payment which the de- feudants had agreed to make they made it clear that there could be no imputation against Mr. Tolley, either in respect of his amateur status or at alL Judgment was accordingly entered for MLr. Tolley, with costs. Solicitors.-Mlessrs. Cohen and Cohen; Mlessrs. Pritchard, Englefield, and Co., for Messrs. Osborne, Ward, Vassall, Abbot, and Co., Bristol. HIGH COURT OF JUSTICE I KING'S BENCH DIVISION ? 3500 DAMAGES FOR MR. CYRIL TOLLEY '1TULLEY v. J. S. FRY AND SONS, LIMITED