Action for Slander.

Gisborne Times, Volume VI, Issue 219, 21 September 1901, Page 1

Action for Slander.

At the Supreme Court, Auckland, on Tuesday, before Mr Justice Connolly, the case Thomas W. Cutbush v. W. H. Grove, claim £2OO for slander, was commenced. The statement of claim set forth that the plaintiff was a fruit importer, and that on July 4th the defendant, also in the fruitimporting trade, published a libel to William F. Sealey, fruiterer, by saying, “ I have lost twenty odd cases of fruit, and Cutbush has stolen them; ” and also saying tho Agricultural Department had taken out a warrant for Cutbush’s arrest, and that he had enough evidence to give that man (meaning Cutbush) seven years; also, that he had caught Cutbush stealing cases of fruit. In the statement of defence the defendant denied having used the words alleged. The defence also set forth that the fruit had to be fumigated by tho Stock Department, and a number of cases were missing after fumigation. Certain fruit cases were discovered on the premises of the plaintiff, and the defendant made inquiries concerning the missing fruit from William Sealey, with whom he had a conversation, but only in reforonco to the fruit and the marks on the cases. The words alleged to have been used, if any, wero used under a sense of duty, and with tho object of aiding the Stock Department to recover the cases, and were privileged.