CLAIM AGAINST ESTATE

Evening Post, Volume CV, Issue 111, 11 May 1923, Page 4

CLAIM AGAINST ESTATE

JUDGMENT FOR THE PLAINTIFF.

The attention of Mr. E. Page. S.M was occupied at the Magistrate's Court yesterday afternon, in the hearing of the civil case in which Mrs. M. Kendrick, a wdow, residing at 10, Somerset avenue, proceeded against David Alexander JJmdsay Clark, a salesman, and executor of the estate of the late David Clark, for the recovery of £16 12s 7d being the amount alleged to be due for. the storage of goods. Appearing for the plaintiff, Mr. J. ocott called evidence to prove that *n agreement for the purchase of a houee had been entered into by a Mr Butter and th« owner, the late Mr. Clark, the prospective purchaser grauted a leaa« of the premises to the plaintiff. Mr?. Kendrick, who paid the rent in a lump sum. On the property was a sheci, in one compartment of which the defendant stored some photographic good 3, and although notified on two occasions by the plaintiff thai she intended charging storage, the defendant neither paid the necessary rental for the shed, nov removed tho goods. The amount claimed represented rent for 76 weeks.

Mr. A. B. Sievwright, ou behalf of the defendant, submitted that he was entitled to a non-suit on, the evidence led by Mr. Scott. The plaintiff, who had nothing in writing as to any agreemeut for storage, had waited until after the death of the defendant before taking proceedings. The Magistrate held thai there was a case to answer, and after bearing the evidence of the executor of the estate, Mr. D. A. L. Clark, said that the facts were quite clear and that reasonable rental was due.

The weekly storage was fixed at 2e, and judgment was accordingly entered for t'hk" plaintiff for £7 12s and substantial costs.