THE NEWTOWN LOCAL OPTION POLL

Evening Star, Issue 11892, 21 May 1903, Page 8

THE NEWTOWN LOCAL OPTION POLL

At the Wellington Supreme Court yesterday Mi Justice Edwards heard the case in which Thomas Macarthy, brewer, sues to recover £I,OOO from Patrick Corby, this sum being an instalment of a sum of £3,500 for the purchase of the lease of a hotel at Newtown. To this defendant had set up the defence that as. no valid local option poll had been taken in Newtown the Licensing Committee could not grant him the renewal of a publidan's licence for the hotel. He therefore claimed to be entitled in equity to an apportionment of the purchase-money. Counsel for Corby explained that it having since been found that licenses could be granted at Newtown, defendant admitted his liability, and consented to judgment being entered for plaintiff. A counter claim by Corby against Macarthy sought to recover £I,OOO damages for breach of the covenant under which Macarthy had undertaken to remove the existing buildings and complete the erection of a brick hotel at a cost of £4,500. It was contended that the lease provided for a reduction of rent from £l4 to £l2 weekly while business was carried on in makeshift premises, and that instead of the new premises being finished in six months as agreed the work lasted twelve months. There had thus been much loss of business. The case is proceeding.