ALLEGED LIBEL.

Taranaki Daily News, 23 November 1922, Page 8

ALLEGED LIBEL.

COMMERCIAL TRAVELLER V. MERCHANT. CASE DISMISSED. In a libel action, Geoffrey Mears, commercial traveller, Wellington, sought to recover £5Ol from Harry Pollock, leather goods merchant. The words complained of were contained in a telegram despatched by Pollock to Mears while acting as salesman at Auckland, stating if all the goods were not returned ofl the first available train he would notify the police. The plaintiff stated that when the telegram was received ordering him to return the goods, his samples were in the hands of buyers and he could not take them away until they had given their decision as to orders. For this reason he had delayed answering Pollock’s communication. A second telegram was received later. For the defendant it was contended that as Mears Jiad not answered the first communication Pollock was justified in sending the telei gram. It was stated that Pollock was in a small way, having with a returned soldier’s loan. Be got anxious after no response to the first telegram and sent the second. His Honour: Which did you receive first, the goods<or the writ? Witness: The writ# sir. The goods came three week’s’ later. He denied malice. All he wanted was the return of his goods. In dismissing the case, Mr. Justice Hosking said the pity was that they had brought it into court. Costs were allowed against the plaintiff.