ALLEGED LIBEL.

Press, Volume LVIII, Issue 17612, 15 November 1922, Page 7

ALLEGED LIBEL.

ACTION DISMISSED. (press association telegram.) WELLINGTON, November 14. In a libel action, Geoffrey Mears, oommercial traveller, Wcl-ingfcro, sought to recover £5Ol from Harry Pollock, leather goods merchant, Wellington. The words complained of were contained in a telegram despatched YJL O "°S to Mears while acting as salesman at Auckland, stating, that if all .goods were not returned bv tr.e first availablo train he would notify the pohoe. ■ Plaintiff stated that when the telegram was received ordering him to return the goods, samples wore in the -hands of buyers, and he could' i.ottake them away until they had given a decision db to orders. For this reason he had delayed answering Pollocks communication. A second telegram waa received later. _, Defendant contended that as Mears had not answered his first communication he wru justified- in sending the telegram. He was in a small way, haying commenced with a returned soldier's loan. He got anxious after receiving no response to the first telegram, and sent, the second. . ■ His Honour: Which did yoji receive first, the goods or the writ? Witness: The writ. The good* came three weeks later.' , Witness denied malice. All n© wanted was the return of the goods. In dimniesing the case, Mr Justice Hooking said it was ft pity it was ever brought into Court. Oasts were allowed against plaintiff.