A PLACARD WAR

Stratford Evening Post, Issue 11, 8 March 1930, Page 8

A PLACARD WAR

SEQUEL TO LIBEL ACTION FORMER DECISION REVERSED

WELLINGTON, Mitch 7. What Mr A. J. Mazengarb (counsel for appellant), described as ''placard war" between two tradesmen occupying adjacent shops on the .Main Road Upper Hutt, was the subject of an appeal case heard at the Supreme Court to-day by the Chief Justice, Sir Michael Myers.

Mr Mazengarb stated that the appeal was on a matter of law and fact from the decision given in the Lower Court, in September by Mr T. B. McNeil SM.. on a claim for £#o for libel, brought by Alexander Nelson Clark, draper, against John Vare, boot importer. Vare took exception to Clan% occasionally selling hoots as' well as drapery, and when Clark put up a placard in his shop advertising the sale of a bankrupt stock of boots, Vare responded with a placard stating: "We do not sell bankrupt stock but we sell under cost price.'' Some time later, Clark placarded *i his window a fire sale of boots and Vare put up a placard: "Hutt ware sale,'' aiid on or about January SO, 3929, another placard shown by Clark was replied to by Vare with th-< placard complained of: ''One man, one trade, one wife." That was regarded by Clark as attributing immoral conduct t'6 him, it being admittedly comme.i knowledge in the district that Clark was living apart from his wife and hi.j housekeeper was separated from her husband.

The "placard war" had been going on for three years or more. Clark toot action for libel and the Magistrate gave judgment against him. That decision was now appealed against. His Honour said that it was plain, in his opinion, that the appeal must succeed. It was an appeal on a matter of fact and law but the Magistrate seemed to have decided the case as a matter of law only, saying in his oral judgment that if it was before a Tudge and jury it would be a case to withdraw from the jury. But that stated his Honour, was. in his view, erroneous. It was plain that a Judge would not have noii-suited the appellant, and that the question must have boon submitted to a jury who, in the circumstances, could only have come to the conclusion that the placard complained of was aimed against tho appellant. He. had. himself, no doubt that they did bear, and were intended to bear, the meaning attributed to them by the appellant, He therefore upheld the appeal It would be for the Magistrate to assess the damages.