LANDLORD V. LICENSEE.

Evening Star, Issue 13002, 22 December 1906, Page 8

LANDLORD V. LICENSEE.

POSSESSION OF THE UNIVERSAL HOTEL.

Mr Justice Chapman Kit in Banco to-day to hear argument as to possession of th: Universal Hotel. Maclaggan street. The plaintiffs were Peter Maclaurin, Alfred A. Pinch, and Hugh H. Inglis; the defendant was Charles K. Little. In March, 1301, phdntiffs leased the premises to William H. Anderson for a term of seven years and two months, Anderson covenanting not to pore mit anything to be done in contravention of the Licensing Act whereby the license would be liable to be forfeited, suspended, or endorsed, or a renewal endangered. Afterwards the lease became vested in Little as assignee. On the 23rd October last Little was convicted of permitting drunkenness on the premises, sard conviction being endorsed on the license. Plaintiffs thereupon issued a writ claiming possession and i£23 odd aa lent, also damages, etc., and, default being made in filing a statement of defence within the time, judgment was entered up for possession and the arrears of rent, leaving tho other matters to go to trial The defendant obtained a stay of proceedings until to-day, and now moved to set aside the judgment, on tho grounds (11 that tho defence had not been filed through inadvertence, (2) that Little had a good defence, in that tile endorsement of the conviction was not a breach of the covenant, and that under the Property Law Act. 1905, section 95, notice had not been given by tint landlord to the tenant claiming compensation. Mr Solomon argued tho matter for the tenant ; Air Pinch appeared on the other side. After argument His Honor reserved judgment, which will be given, during tho vacation. Further .stay' was granted pending delivery! of the judgment.