CLAIM WITHOUT MERIT.

New Zealand Herald, Volume LXVI, Issue 20425, 29 November 1929, Page 16

CLAIM WITHOUT MERIT.

A BUSINESS ADVERTISEMENT

SUGGESTED INNUENDO

[BY TELEGRAPH. —PRESS ASSOCIATION.] HAWERA, Thursday.

"The claim is entirely without merit," said Mr. J. H, Salmon, 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 an"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. Salmon, in referring to another action preferred against W. A. Parkinson, Ltd., as proprietors of the Star similai damages. The grounds of complaint were the same in each action.

Costs were allowed defendants on each action, though plaintiff's evidence was taken only on the claim against Goldstone and Patterson.

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

In. giving judgment the magistrate stated that the authorities made if clear that if a statement was capable of more than one meaning a defendant was not pinned down to a defamatory one.