MAGISTRATE'S COURT. THIS DAY.

Taranaki Herald, Volume XLV, Issue 10602, 30 April 1896, Page 2

MAGISTRATE'S COURT. THIS DAY.

Thokbday, April 30.-Before W. Stuart, Esq., S.M. itUDOMENT. Mia Worship' deilvere'd judgment in the case of R. Parris v. Matilda Duncan, executrix of the late G. Duncan. The claim was for £7 10a, rent of house on tbe South Road. Tho plaintiff claimed on the ground that under an agreement made on September 22, 1894, the late Mr ft. Duncan agreed to become the tenant in place of the actual occupier in order to protect himself in respeot of a bill-of-sale he had over the actual occupier's goods. The agreement held good during Mr Duncau's life, and plaintiff now claimed that the executrix of Mr Duncan was also responsible for the payment of the rent. Mr C. F. Richmond -appeared for tho plaintiff, and Mr Kerr for the defendant. Evidence was taken on Tuesday, and His Worship then reserved his decision. His Worship, in giving judgmont this morning, aaid that after careful consideration of the documents and evidence in the case he was satisfied that the relation of landlord and tenant between Mr Parris and the late Mr Duncan existed, and there was a weekly tenancy agreed on verbally, which was still in existence. Ho was therefore of opinion that the plaintiff was entitled to judgment for tho amount claimed. Mr Kerr submitted that tho plaintiff was not entitled to costs. Mr Richmond submitted it would be hard to deprive Mr Parri* of his costs. His Worship said he saw no reason why costs should not follow the judgment. Costs, £i J6s, awarded accordingly. The Court rose .