SLANDER CLAIM

Timaru Herald, Volume CXXXVII, Issue 19515, 14 June 1933, Page 3

SLANDER CLAIM

AFTERMATH TO SALE OF A FORMULA. PLAINTIFF’S FAST RECALLED. By Telegraph—Pr«ss Association WELLINGTON, June 13. A claim for £2500 damages is before Mr Justice Ostler in the Supreme Court, in which Reginald Charles Boddie, sales organiser, Wellington, alleges slander against James Dickson Sievwright, retired, also of Wellington. Plaintiff complains of statements alleged to have been made falsely and maliciously by the defendant to one H. J. Lockyer affecting plaintiff’s credit and reputation in connection with the business of a syndicate for the manufacture of a chemical preparation in which the parties are associated. When the case was continued to-day, Mr O’Leary, for defendant, said that the formula had been prepared by Riddle, an analytical chemist, and he and plaintiff had sold it to the company, which was registered as the Nados Company. The sale of the formula was a complete sale of all 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 submitted 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 plaintiff had acted as was alleged, even although defendant did not have knowledge of these acts at the time he made his allegations. Evidence on behalf of defendant was given by Ralph Neville White, solicitor, Auckland, who said the firm acted for the Ideal Loan Company. 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, plaintiff was located in Christchurch, and after a summons had been issued, 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 crossexamining witness on various bills of sale executed by plaintiff, His Honour interposed: “Well, all the juggling in the world won’t get over the admission made by this man in his own handwriting. He gave a bill of sale over a truck and certain furniture, and then sold them, which is an absolutely illegal and criminal act. He cleared out with the money, leaving the mortgage behind.” Evidence was given by Margaret Helen Miller regarding an agreement with Boddie which she signed. William Thompson Neill, a retired public servant, Wellington, said he was offered a one-sixth share in the business for £75. He subsequently took a twelfth share for £37/10/-. 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 was misled by Boddie. After hearing other evidence, the hearing was adjourned till to-morrow.