LICENSEE AND BREWER.

Gisborne Times, Volume IX, Issue 897, 21 May 1903, Page 2

LICENSEE AND BREWER.

SEQUEL TO NEWTOWN LOCAL OPT LON POLL. Per Press Association, Wellington, last night. At the Supreme Court to day Mr Justice Edwards heard a case in which Thomas McCarthy, brewer, sued to recover £IOOO from Patrick Corby, this sum being an instalment of the sum of £3500 for the purchase of the lease of an hotel at Newtown. To this defendant had set up a defence that as no valid local option poll had been taken in Newtown, the Licensing Committee could not grant him a renewal of a publican’s license for the hotel. He therefore claimed to be entitled in equity of apportionment of purchase money. Counsel for Corby explained that it bavin" since been found that licenses could be granted at Newtown, defendant admitted liability, and consented to judgment being entered for plaintiff. A counter claim by Corby against McCarthy sought to recover £IOOO damages for a breach of covenant under which McCarthy had undertaken to remove the existing building arid complete the erection of a brick hotel at a cost of £4500. It was contended that the lease provided for a reduction of rent from £24 to £l2 weekly, while business was carried on in makeshift premises, and that instead of the new premises beiDg finished in sixmonths as agreed the work lasted twelve months. There had thus been much loss of business. The case is proceeding.