AN UNUSUAL CLAIM

New Zealand Times, Volume L, Issue 11652, 17 October 1923, Page 6

AN UNUSUAL CLAIM

MINISTER AS DEFENDAHT THE MESSENGER AND THE GOVERNOR’S A.D.C. A BUMP—AND SUSPENSION. “This is rather an nmis*nal statement of claim.” observed His Worship, Mr AY. G. Riddell, S.M., at the Magistrate’s Court, yesterday, when a case came under his notice wherein a Parliamentary messenger, Joseph Kenny, residing at 101. Hill street, proceeded against William Xosworthy. a Minister of the Crown, residing at 12, Hill street, for the rccox'ery of damage* amounting to £2 0s 6d. The statement of claim ran: “I, Joseph Kenny, a messenger, was suspended on the night of Monday, August 27th, on the complaint of Captain Mundy, A.D.C, to the GovernorGeneral. I applied next morning to the pay clerk for moneys due to me, but was kept waiting until 2 p.m. on the Friday for the amount, for which amount 1 hold William Nosworthy, of 12, Hill street, responsible, and I claim the amount of £2 0s 6d as damages.” “AVHAT IS IT ALL ABOUT?” “What is it all about, Mr Tudhope?” queried the magistrate. Air J. A. Tudhope, of the Crown Law Office, explained that the plaintiff, who had been employed as a sessional messenger at the House of Representatives, encountered trouble on the evening of August 27th through having partaken too freely of certain liquid refreshment, and in the course of delivering some papers he had apparently stumbled against the Governor’s aide-de-camp. The Sergeant-at-Arms took the matter in hand by suspending the messenger and instructing him to report to the chief messenger’s room the following morning. The plaintiff, however, had got in touch with the accountant and remarked that he Had “made a fool of himself,” and intimated that he did not intend to appear in answer to the charge. His resignation followed, and on the Friday the wages were duly paid. NO CAUSE OF ACTION. The statement of claim, contended counsel, did not disclose any cause of action, and, in any event, should have been made against the Crown and not the Minister. who was not even aware of the existence of the servant! CASE STRUCK OUT. His Worship decided that as the plaintiff did not appear the proper course would be to strike the case out. Air Tudhope: I will ask for cost®, Your Worship, for the reason that the man may proceed to issue another summons. Costs were allowed.