ACTION FOR SLANDER

Otago Daily Times, Issue 21979, 14 June 1933, Page 8

ACTION FOR SLANDER

HEAVY DAMAGES CLAIMED SALE OF CHEMICAL FORMULA (Per United Press Association. ) WELLINGTON, June 13. The claim for £2500 damages, in which Reginald Charles Boddie, sales organiser, of Wellington, alleges slander against James Dickson Siev.wnght, retired, also of Wellington, was continued before Mr Justince Ostler in the Supreme Court today. The plaintiff complains of statements alleged to have been made falsely and maliciously by the defendant to ope H. J. Lockyer affecting the plaintiff's credit and reputation in connection with the business of a syndicate for the manufacture of a chemical preparation in which the parties were associated. Mr O’Leary, for the defendant, said that the formula had been prepared by Mr Hidddle, an analytical chemist, and he and the plaintiff had sold it to a company which was registered as the Nados Company. The sale of the formula was a complete sale of all the rights connected with it. It belonged wholly to the Nados Company, and when Boddie was getting money on it in Wellington he was acting fraudulently. Counsel submittted that when a general charge of dishonesty was made and not a specific charge on a certain date, it was sufficient for a plea of justification to prove that the plaintiff had acted as was alleged, even although the defendant did not have knowledge of these acts at the time he made his allegations. Evidence on behalf of the defendant was given by Ralph Neville White, solicitor, of Auckland, who said his firm acted for the Ideal Loan Company. The plaintiff, Boddie, in May, 1929, owed the company £lO5. He paid £25 in cash and gave the company a bill of sale over certain chattels for the balance. In May, 1930, the plaintiff was located in Christchurch, and after a summons had been issued the plaintiff wrote to the secretary of the company admitting that, he owed the money and had sold the chattels mentioned in the bill of sale.

When Mr Evans Scott was cross-exam-ining the witness on various bills of sale executed by the plaintiff hia Honor interposed : “ Well, all v the Juggling in the world won’t get over the admission by this man in his own handwriting. He gave a bill of sale over the truck and certain furniture, and then sold them, which is an absolutely illegal and criminal act. He cleared out with the money, leaving the mortgagee behind.” ■ r > Evidence was given by Marguerite Helen Miller regarding an agreement with Boddie, which she signed. William Thompson Neill* a retired public servant, of Wellington, s said he was offered a one-sixth share in the .business for £75. He subsequently took a twelfth share for £37 10s, He considered that Boddie had not been straight and honest; there were occasions on which he had not been entirely truthful. In view of witness’s knowledge to-day, Boddie did not tell him the true position of affairs. He considered that he had been misled by Boddie. After hearing other evidence, the court adjourned till to-morrow.