“WITHOUT MERIT”

Dominion, Volume 23, Issue 56, 29 November 1929, Page 13

“WITHOUT MERIT”

CLAIM FOR DAMAGES FAILS By Telegraph.—Press Association. Hawera, November 28. “The claim is entirely without merit,” said Mr. J. H. Salmond, S.M., in the Magistrate’s Court, to-day, when, without hearing evidence for the defence, he granted a non-suit on a claim for £3OO preferred by William Valentine Patterson against Goldstone and Patterson, Ltd., in respect of alleged false and malicious publication by advertisement in the Hawera “Star” on June 21. “The claim against the Hawera “Star” would be even weaker,” said Mr. Salmond in referring to another action preferred against W. A. Parkinson. Ltd., as proprietors of the Hawera “Star” for similar damages. The grounds of complaint were the same in each action. Costs were allowed defendants on each, though plaintiff’s evidence was taken only on the claim against Goldstone and Patterson. Plaintiff said he had formerly been in partnership in the mercery and tailoring business with Goldstone. Subsequent to the dissolution of the partnership plaintiff commenced business on his own account. Advertisements disclaiming the connection were published. and plaintiff claimed he was defamed by innuendo in Goldstone Patterson’s advertisement of June 21. In giving judgment the Magistrate stated that the authorities made it clear that if a statement was capable of more than one meaning, a defendant was not pinned down to a defamatory one.