A LIBEL ACTION

Otago Witness, Issue 3584, 21 November 1922, Page 51

A LIBEL ACTION

VERDICT FOR DEFENDANT. AN ELLINGTON, November 14. In a libel action Geoffrey Mears, commercial traveller, Wellington, sought to recover £5Ol from Harry Pollock, leather goods merchant, Wellington. The words complained of were contained in a telegram despatched by Pollock to Meats, while acting as salesman at Auckland, stating that if all the goods were not returned by the first available train he would notify the police.

Plaintiff stated that when the telegram was received ordering him to return the goods, samples were in the hands of buyers, and he could not take them away until they had given a decision as to orders. For this reason he had delayed answering Pollock s communication, second telegram was received later. For defendant it was contended that as Meiers had not answered the first communication Pollock was justified in sending the telegram. He stated that Pollock was in a small way, having commenced with a returned soldier’s loan. He got anxious after there was no response to the first telegram, and sent a second. His Honor: AVhich did you receive first, tile goods or the writ? AA itness : The writ. sir. The goods came three weeks later. He denied malice. All he wanted was the return of the goods In dismissing the case, Mr Justice Hooking said it was a pity that the case was ever brought into court. Costs were given against plaintiff.