ADVERTISEMENT CLAIM

Greymouth Evening Star, 29 November 1929, Page 5

ADVERTISEMENT CLAIM

DISMISSED BY MAGISTRATE

(Per Press Association.) \ HAWERA, November 28. “The claim is entirely without merit,’’ said Mr J. H. Salmon, S.M., in the Court to-day when, without hearing the evidence for the defence, he granted a nonsuit on a claim for E3OO preferred by William Valentine Patterson Ltd., in respect of alleged false and malicious publication by an advertisement in the “Hawera Star’’ on June 21.

“The claim against the “Hawera Star’’ would be even weaker,” said Mr Salmon, referring to another action preferred against W. A. Parkinson, Ltd., as proprietors of the “Star” for similar damages. The grounds of complaint were the same in each action. Costs were allowed the defendants on each, though the plaintiff’s evidence was taken only on the claim against Goldstone and Patterson.

The plaintiff said that formerly, he had been in partnership in a mercery and tailoring business with Goldstone. Subsequent to the dissolution of the partnership, the plaintiff commenced business on his own account. Advertisement's disclaiming any connection with him were published. The plaintiff claimed that he was defamed by innuendo, in Goldstone and Patterson’s advertisement, of June 21.

In giving judgment, the Magistrate stated that 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.