"A DAY OUT."

Auckland Star, Volume LVII, Issue 133, 7 June 1926, Page 5

"A DAY OUT."

LANDLORD AND TENANT. DISPUTE OVER HOUSE AND RENT. WORDY BATTLE IX COURT. A sharp and wordy conflict was waged in the Magistrate's Court this morning when Mr. E. C. C'utten heard a claim brought by J. H. Hannan of Remuera, against Henry Edward Denver, painter, for £1 7/6, being one week's rent of a house in France Street between May 13 and May 20. Mr. Hannan conducted his own case, while Mr. Allan Moody appeared for defendant. When the case was first called Mr. Moody entered a counter-claim for the return of one week's rent and 6/ paid as stamp duty. He submitted . that under the regulations of a recent act ho was entitled to file tbe counter-claim at the eleventh hour. Mr. Hannan objected to the counterclaim being put in when the case was about to commence. lie stated that Mrs. Denyer entered into an agreement in writing to rent the house. The agreement was put iivby Mr. Hannan, who read out the conditions contained therein. He added that the Denyers wanted a week's rent refunded, but had not returned the key of the house to him. Mr. Hannan then gave evidenci?. He stated that he let the house at £1 7/6 per week, paid in advance. The house was in good repair and had only been recently re-papered. When Mrs. Denver called at witness' house she said that she had seen the premises and remarked that there was a good bit of rubbish about the place. Witness admitted that there was, but told her that he would pay for it-* removal. Mrs. Denyer, continued Mr. Hannan, said she was pleased to get such a nice house as she and her husband were separated and that Mr. Cutten would not like the children to go to her in Grey Street, where she had been living. She added that she was pleased to get the house in such a respectable locality. Three or four days afterwards witness got a letter card from Mrs. Denver in which she asked for the return of the week's rent paid. She had not returned the key to witness and h e was unable to let the 'iouse. Mr. Moody: Have you got that letter card?—Xo. I left it at home. "Well I would very much like to see it, Mr. Hannan." At this stage Mr. Hannan withdrew several papers from his breast pocket and examined them. Mr. Moody: Try looking in your trousers pocket, Mr. Hannan. After a brief delay plaintiff took the letter card from his pocket. "Oh. so you did njt leave it at home. It has the date on it, May 7." Mr. Moody then read the letter card from Mrs. Denyer, in which she complained about the state of the house Continuing, Mr. Hannan said that on the following Monday lie was in town, when Mrs. Denyer followed him into a grocer's shop and assaulted him. Mr. Mood j-: Of course you did not assault her—in your own gentle, angelic way? Mr. Hannan: Xo. She pushed mc back against tlie door and struck mc with the back of her hand, and the grocer ordered her out of the shop. She followed mc into my office, and 1 warned her to le*.ve. She sent for a policeman and one arrived. The policeman asked mc to go to the police office nnd sign tlie charge sheet. I went up there, but they said they did not know anything about tbe matter. Since then the Remuera constable called at my house and told mc

Mr. Moody: Xow, Mr. Hannan. you are justice of the peace: you cannot tell us what another person told you. Mr. Hannan: I'm giving you the facts. ' ,

Mr. Cutten: Mr. Hannan. we do not want hearsay evidence.

Mr. Hannan then continued his evidence, stating that on May 17 Mr. Denyer rang him up and said that he wanted tha rent returned. Xext day witness wrote to Denver and told him that he was placinsr the matter in the hands of his solicitor. Mr. Moody: Did you see the place before it was painted and papered?— I forget. Mr. Moody: How did the previous tenants leave the nlace? —Pretty tlirtv. When did .you first know that the Denyer's objected about the place being dirty and filthy?—l can't tell you. Tt was when you pot that letter-card. Can you tell mc why you kept that letter-card apart from your other papers and\ did not want to produce it? —I did want to produce it. Xow, when Mrs. Denver came to your place she said that sbe bad never seen (he house?—T never heard such a lie. Do you always- get on amicably with your tenants, Mr. Hannan ? —Yes, but not with the sort or class that you are rmcaring for. Do you make it a habit of making- the poor unfortunate tenants pay stamp duty?—l do get things stamped when T am dealing with the class of people like you. Xow don't be impudent, Mr. Hannan. You kept this letter-card in your pocket, and tried to keep it there, you old hypocrite. Mr. Hannan: Your Worship, I'm not r?nin- to answer this man when he calls mc such names. Counsel then put several questions to plaintiff about the letter-card, but Mr. Hannan would not answer. Mr. Cutten: Mr. Hannan, it was wrong for Mr. Moody to call you names, but you must answer bis questions.

Mr. Moody: You knew that they would not take the place when you got

the letter-card complaining about it on May 7?— l thought that it was mere bluff on their part.

Can you tell mc why you waited until the 15th before you claimed the rent? — Because I could not get tbe keys.

Now, isn't it a fact that you asaulted Mrs. Denyer?—Xo, I am a man. You or your clients might do it.

Now, Mr. Hannan, do try and be a gentleman, I know that it is bard.— Well, I had to seek protection from this woman.

In subsequent cross-examination, Mr. Hannan denied that his housekeeper told him that Mrs. Denver had left a message stating that the house was not fit to live in. Witness admitted that the washhouse was filthy, but said that such clients as the Denyers always left the premises in such a condition. Mrs. Hannan gave corroborative evidence, and mentioned that Denver rang up and demanded his"* rent and the stamp duty paid refunded. Under cross-examination she said that she heard the conversation between Denyer and her husband because she was listening oil the second telephone receiver. When witness was being crossexamined by Mr. Moody, Mr. Hannan rose and dramatically exclaimed, "My wife is very ill, and asks that she be allowed to sit down and be protected from this fellow here (meaning Mr. Moody, who smiled, and said, "Your wife is not ill. Mr. Hannan. That is an old dodge of yours.") In further cross-examination of witness Mr. Moody referred to Mr. Hannan as "your sanctimonious husband." Mr. Hannan protested against what he termed "this blackguardism." Mr. Cutten: It is six to one and half a dozen to the other. You know, Mr. Hannan that you have said some impertinent things to Mr. Moody. Mr. Hannan: I want to retire from this case, your Worship. Mr. Cutten: It is your case and you must go on. Mr. Hannan: Well, it has become so rough that I can't stand it. I come here, and my dear wife has to put up with this. I'm an old fellow— Mr. Cutten: Oh, sit down, Mr. Hannan. The Court then adjourned.