DAMAGES CLAIM

Hokitika Guardian, 29 November 1929, Page 3

DAMAGES CLAIM

OYER ADVERTISEMENT

'By Telegraph—Per Press Association.)

RAWER A! "November 28,

“ TFic claim is entirely'! without merit,” said Mi' J. H. Salmon, S.M., in the Court to-day when, without hearing evidence for the defence, he granted a non-suit oil a claim for £3OJ preferred aginst-Goldstone find Patterson, l td., in respect of' alleged false and malicious publication by an advertisement in the “ Ilawera Star ” oil June 21. “The claim against the ‘ Hawera Star’ would be even weaker,” said Mr Salmon, in referring to another action preferred against W. -A. Parkinson, Ltd., as proprietors of the “Star” f< r similar damages.

The grounds of complaint were the same in each action, costs wore allowed the defendants on each, though the plaintiffs’ evidence was taken only on tlm claim against Goldstone and Patterson.

The plaintiff said that formerly, lie bad been in partnership in' a mercery and tailoring business with Goldstone. Subsequent to the dissolution of tho partnerships, the plaintiff commenced business on liis’own account. Advertisements disclaiming any connection with him were published. The plaintiff claimed that he was defamed by innuendo. in Goldstone and Patterson’s advertisement of June 21st. In giving judgment, Ibc Magistrate stated that authorities made it clear that if a. statement were capable of more than one meaning, a defendant was not pinned down to a defamatory one.