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Auckland Star, Volume LXXIII, Issue 46, 24 February 1942, Page 6

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CLAIM WITHDRAWN

PLAINTIFF ASKS NON-SUIT

An unexpected collapse of case occurred in the Supreme Court today, when the claim, Ernest Bristow Millen (Mr. Beckerleg), against Brown Brothers and Geddes, Limited "

(Mr. V. R. Meredith), for £290 alleged to be due under contract of employment, which had been three days in progress, ended in Mr. Beckerleg applying to the Court for a non-suit.

Mr. Meredith had outlined his defence and had examined at considerable length his first witness. John Harold Arthur, who had been for 20 years factory superintendent for the defendant firm, when Mr. Beckerleg asked for a snort adjournment This was granted, and on resuming Mr. Beckerleg said that even in his own case there was apparent a sharp contrast between his instructions and the evidence, which he believed was due to failure of the plaintiff's memory. Mr. Meredith in his cross-examination and opening evidence had indicated a complete answer. He (Mr. Beckerleg) had been particularly impressed by the evidence Mr. Arthur gave. He had disoussed the matter with his friend. ile wished to make it abundantly clear that Brown Brothers and Geddes appeared to have evidence that would establish their reputation and he felt he could not do other than ask for a non-suit.

His Honor inquired about costs and Mr. Meredith replied that the defendant firm would try to sympathetically assist the plaintiff, and did not ask for an order as to costs His Honor said he thought the course taken by Mr. Beckerleg in the circumstances was a wise one after having heard evidence that had impressed him and led him to qualify the strong view he had adopted at the opening of the case Accordingly, on the application of plaintiff, he would enter a non-suit without costs.