LAW REPORTS.

Dominion, Volume 4, Issue 1143, 2 June 1911, Page 3

LAW REPORTS.

• 4 _ SUPREME COURT. THE TROCADERO HOTEL CASE. ASSIGNEE SUCCEEDS. His Honour II r. Justice Sim delivered judgment 111 the Supreme Court ye-lerday m the action-brought hj- Alexander Sim.i<on, official nsMguec in hankruptcv of the property oj Wnnock, a bankrupt, against Ellen Cockayne. in this case George J'innoek, holelkeeper subleased the Trucadero Private Hotel to Jlrs. Ellen Cockayne. Pinnock became bankrupt, and the oltbial assignee allowed the sub-lease fa canliiiiie. ' He sued Jlrs. Cockayne for 4:50:!, ontl received judgment. Mrs. Cockayne filed n counterclaim for £\w, in respect of alleged damages, the grounds alleged being the leaky condition of certain rooms, and the presence of bugs. J f'\t E- C ;:. :Levv<! y'appeared for plaintiff, and Mr. \\. H. £~ Bc n for th ' c oraci .,, assignee. In delivering judgment, liis Honour said:- I nm satisfied that Ihe arrangement made on September 13 included a settlement of any claim which the defendant had against, plaintiff for damages on account, of the Trccadero Hotel being infested with bugs when she took possession of it as tenant in March, 1010. and on account, of the defective structure of the premises. There is no doubt that the defendant suflered inconvenience and loss by reason of the presence of hugs in thhou.se, and by reason of the fact that rainwater made its way through the roof and walls of the house inb some of the bedrooms. It is unnecessary, however, for me to express any opinion as to whether these matters gave the. defendant a right to recover damages from the plaintiff. Xhe plaintiff recognised that the defendant had a substantial grievance in respect ot these matters, and now claims that he has allowed her compensation in respect, thereof." After dealing at somo length with the points raised in the case, his Honour concluded-.—"The only reasonable conclusion in the circumstances is that the agreement arrived at on September 13 was intended-to bo a settlement of all matters then in dispute between the parlies. The fact that the negotiations which preceded the agreement were conducted without nrdudice does not prevent the plaintiff from proving the agreement. An offer, made without prejudice, that does not result in any agreement cannot bo used in evidence, without the consent of both parties: Walker v. Wilsher, 23, Q.8.D.. 335. 337. If. however, an agreement is arrived at, then the history of the negotiations, so far as .necessary to prove the agreement, may be given] although such negotiations have been condueled without prejudice. The defendant has' failed, therefore to establish her counter-claim, and judgment: must -be for the plaintiff, with costs, according to scale, and disbursements and witnesses' expenses to be fixed by the Registrar." DAMAGES TO A CHILD. In Chambers, yesterday, his Honour the Chief Justice made an order that the damages awarded to the little girl Cudby, whose leg was broken recently in a motorcar accident, be paid into the Post Office Savings-Bank in,the joint names of the guardian and the mother. Tho amount to bo so deposited, after paying expenses, will remain in the Savings Bank at interest. Mr. G. Samuel appeared for plaintiff, and Mr. A. W. Blair for defendant, Mrs. Jacob Joseph.